United States v. Anderson, Jr., No. 12-10344 (9th Cir. 2013)
Annotate this CaseDefendant appealed his conviction for criminal copyright infringement based on his sale of Adobe software. The court applied the willfulness standard for criminal copyright cases as recently clarified in United States v. Liu and concluded that the jury instruction was flawed but did not rise to the level of plain error; the evidence of uncharged acts was properly admitted as intrinsic to the charged conduct and the court affirmed the conviction; and the district court erred in failing to award restitution reflecting the victim's actual loss and the court vacated the restitution order and remanded for reconsideration.
Court Description: Criminal Law. The panel affirmed a conviction for criminal copyright infringement, but vacated the restitution order and remanded. The panel held that a jury instruction on willfulness was flawed but did not rise to the level of plain error, and that evidence of uncharged acts was properly admitted as intrinsic to the charged conduct. The panel held that the district court erred in failing to award restitution reflecting the victim’s actual loss, which consisted of the victim’s lost profits on sales of authentic copies that would have taken place if not for the defendant’s conduct. The panel remanded for the district court to reconsider restitution on an open record.
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