It's important to understand here that the judgment was not vacated on grounds that had anything to do with the crime charged -- the Court didn't conclude that he wasn't guilty. Instead, it was vacated for lack of venue. In other words, he got off on a technicality.
It's not that simple. Venue was key to establishing the severity of the crime.
3rd Circuit vacates Weev's conviction [pdf]
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Re: 3rd Circuit vacates Weev's conviction [pdf]
#52ANDREW AUERNHEIMER, a/k/a Weev a/k/a Weelos a/k/a Escher
Re: 3rd Circuit vacates Weev's conviction [pdf]
#53Earlier quoted context omitted.
I'm assuming they're going to just let this die, now, and release weev, and not try again against him. I'd be astonished if they did.
I'm fairly certain that this would be a clear application of Double Jeopardy clause of the 5th Amendment for at least the majority of charges; in short, this is true because whether or not the case had merit, the prosecution definitely screwed up the proceeding. There may have been a case for CFAA violation (right or wrong), but the prosecutors improperly chose New Jersey as the venue of proceedings. This was a calcu…
He had his conviction overturned by SCOTUS. The state then retried him and convicted him.
Re: 3rd Circuit vacates Weev's conviction [pdf]
#54Re: 3rd Circuit vacates Weev's conviction [pdf]
#55Does weev get any compensation? I get that he's now retroactively never been convicted of a felony, but he was in prison focused on protecting his corn bread for a couple years. Clearly this affects his employability, as well as his general happiness, having been deprived of both liberty and safe corn bread for a while. Civil suit against ATT? Wrongful prosecution against the feds?
But compensation? Come on. He would still be convicted of some of the computer hacking charges in other states.
Didn't his co-accused plead guilty to those charges? What happens to him?
Re: 3rd Circuit vacates Weev's conviction [pdf]
#56Does weev get any compensation? I get that he's now retroactively never been convicted of a felony, but he was in prison focused on protecting his corn bread for a couple years. Clearly this affects his employability, as well as his general happiness, having been deprived of both liberty and safe corn bread for a while. Civil suit against ATT? Wrongful prosecution against the feds?
Re: 3rd Circuit vacates Weev's conviction [pdf]
#57I am glad this happened for a number of reasons. But the crowning moment for me came when reading his Alias list: ANDREW AUERNHEIMER, a/k/a Weev a/k/a Weelos a/k/a Escher
Re: 3rd Circuit vacates Weev's conviction [pdf]
#58Earlier quoted context omitted.
You're almost right, but the judgment was vacated, so the prosecutors could bring it again. They won't, though.
I wondered why they couldn't use the (relatively small amount of) drugs they found when they raided him in Arkansas to, under Arkansas state law, fuck him somehow.
Re: 3rd Circuit vacates Weev's conviction [pdf]
#59I noticed that the law cited talks about "a means of identification of another person" The ICC-ID identifies a SIM card, not a person ?
Re: 3rd Circuit vacates Weev's conviction [pdf]
#60I noticed that the law cited talks about "a means of identification of another person" The ICC-ID identifies a SIM card, not a person ?