United States v. Schuster
In United States v. Schuster, 2008 U.S. Dist. LEXIS 7299 (W.D. Wis. Jan. 31, 2008), a federal court imposed a prison sentence of 15 months, followed by a there-year period of supervised release, against a defendant for engaging in "denial of service" attacks and other activities that interfered with a computer system. The defendant was also ordered to pay restitution in the amount of $19,600.
A grand jury indicted the defendant on two counts of computer interference. Damage to the computer system was defined as impairment of "the [computer system for] their customers."
The court reject all of defendants' objections to his 15-month sentence, 3-year supervised release, and award of restitution. The defendant argued that his attorney had not been effective, but the judge held that "I can find no evidence of any respect in which counsel failed to give defendant a vigorous and effective defense. The assistant United States Attorney made it clear from the beginning of the prosecution that understanding the case would require a significant investment of time by defense counsel and defense counsel proved him correct."
The court continued:
- Even if counsel had been ineffective, which he was not, his ineffectiveness would be relevant only if it affected the length of supervised release to which defendant was sentenced. Defendant is not challenging the sentence itself at this time because he has completed the custody portion of his sentence. That leaves only the period of supervised release. I cannot imagine any argument that counsel could have made that would have supported giving defendant a shorter term of supervised release and defendant does not suggest any. Defendant's unwillingness to accept responsibility for his impulsive and immature actions demonstrated a need for a significant period of supervision.
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