USA v. Nathan Van Buren

[PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 18-12024
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D.C. Docket No. 1:16-cr-00243-ODE-JFK-1
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
NATHAN VAN BUREN,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Georgia
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(August 4, 2021)
Before MARTIN, ROSENBAUM, and BOGGS,∗ Circuit Judges.
ON REMAND FROM THE
SUPREME COURT OF THE UNITED STATES
PER CURIAM:
∗ Honorable Danny J. Boggs, United States Circuit Judge for the Sixth Circuit, sitting by
designation.
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When this case came to us initially, our circuit precedent required that we
affirm Van Buren’s conviction for computer fraud under 18 U.S.C. § 1030 because
he misused a database for an inappropriate nonbusiness reason, even though he
was otherwise authorized to use and could lawfully access the database. See
United States v. Van Buren, 940 F.3d 1192, 1207–08 (11th Cir. 2019) (citing
United States v. Rodriguez, 628 F.3d 1258, 1263 (11th Cir. 2010)). On June 3,
2021, the United States Supreme Court reversed our decision, holding that 18
U.S.C. § 1030 applies when a person “accesses a computer with authorization but
then obtains information located in particular areas of that computer—such as files,
folders, or databases—that are off limits to him.” Van Buren v. United States, 593
U.S. __, 141 S. Ct. 1648, 1652, 1662 (2021). “It does not cover those who, like
Van Buren, have improper motives for obtaining information that is otherwise
available to them.” Id. at 1652. For the reasons stated in the Supreme Court’s
decision, we vacate Van Buren’s conviction for computer fraud under 18 U.S.C.
§ 1030 and remand this case to the district court for further proceedings consistent
with the Supreme Court’s decision.
VACATED AND REMANDED.
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