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United States v. Isaacs

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ARGUED MAY 12, 2009

Before KANNE and SYKES, Circuit Judges, and VAN BOKKELEN, District Judge.*fn1

Following a jury trial, Mark O. Isaacs was convicted of fraudulently using unauthorized access devices in violation of 18 U.S.C. § 1029(a)(2). He was ordered to serve a prison term of forty months and pay $573,400 in restitution. Isaacs appeals, contending that the district court abused its discretion by denying his motion for a thirty-day continuance after the government turned over a new version of voluminous computer records in the form of compact disks (“CDs”) three days before trial. He further asserts that the district court abused its discretion by admitting the government’s summary exhibits at trial after the government failed to turn over the underlying data at a reasonable time and place as required by Federal Rule of Evidence 1006. Finally, Isaacs avers that the district court abused its discretion by limiting his cross-examination of a key government witness regarding the P2K database or system. Because the district court did not abuse its discretion with respect to these issues, we affirm the judgment of the district court.

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