February 22, 2017
U.S v Michael Thomas, No. 16-41264 (5th Cir.)
Last night in the Fifth Circuit Court of Appeals we filed the Opening Appellant Brief in U.S. v. Michael Thomas. In June of 2016, in an important CFAA case regarding the definition of unauthorized damage, a jury convicted Michael Thomas of a single count felony violation for causing damage to his employer’s computer by deleting data, despite the fact that he had full authorization to delete data on the system. At sentencing Judge Amos Mazzant III departed downward from the government’s sentencing recommendation of 41 months and sentenced Mr. Thomas to the time he served in pre-trial detention, which was 4 months, and 3 years supervised release.
Here’s the brief: