United States v. Brown, No. 16-11340 (5th Cir. 2018)
Annotate this CaseThe Fifth Circuit vacated defendant's sentence after he pleaded guilty to intentionally damaging a protected computer after temporarily disabling a portion of Citibank's network. The court held that defendant's conduct did not have a serious impact on the national economic security and thus his Guidelines range was improperly increased under USSG 2B1.1(b)(18)(A)(iii), which applied to conduct causing a "substantial disruption of a critical infrastructure." In this case, as a result of defendant's actions, Citibank suffered relatively minor financial losses and was temporarily unable to optimally serve its customers.
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