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In the Courts

By ALM Staff | Law Journal Newsletters |
August 27, 2008

Non-incarceration Sentence Affirmed By Ninth Circuit In Copyright Case

A divided panel of the Ninth Circuit Court of Appeals affirmed a non-incarceration sentence imposed by the district court despite a 41- to-51-month advisory guideline range. Thomas Michael Whitehead was convicted by a jury of violating the Digital Millennium Copyright Act, among other federal laws, for selling over $1 million worth of counterfeit “access cards” that allowed his customers to access DirecTV's digital satellite feed free of charge. United States v. Whitehead, Nos. 05-50458, 05-50506, slip op. at 8719 (9th Cir. July 14, 2008) (per curiam). Whitehead's advisory guideline range was 41- to 51 months' imprisonment, but the district court imposed a sentence of probation, community service, and restitution.

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