Computer Spying

The Spy Case of Kevin Patrick Mallory

After a four day trial, a jury convicted defendant of four counts: Count 1: conspiracy to gather or deliver defense information to aid a foreign government in violation of 18 U.S.C. 794(c); Count 2: delivery of defense information to aid a foreign government in violation of 18 U.S.C. 794(a); Count 3: attempted delivery of defense information to aid a foreign government in violation of 18 U.S.C. 794(a); and Count 4: making material false statements in violation of 18 U.S.C. 1001(a)(2). Defendant now moves for judgment of acquittal on the grounds (i) that the government’s evidence at trial was insufficient to support the conspiracy charge alleged in Count 1, (ii) that it was an error to deny defendant’s request for a buyer-seller instruction in connection with the conspiracy charge alleged in Count 1, and (iii) that the government’s evidence at trial was insufficient to support a finding of venue on the offenses charged in Counts 2 and 3.

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