United States v. Rodriguez
628 F.3d 1258
| 11th Cir. | 2010Background
- Roberto Rodriguez, a SSA TeleService rep, had access to sensitive personal data in SSA databases as part of his duties.
- SSA policy barred obtaining information without a business reason, communicated via training, notices, daily screen banner, and annual acknowledgments.
- Rodriguez refused to sign acknowledgment forms from 2006–2008.
- In 2008, SSA flagged Rodriguez’s suspect activity; investigators found he had accessed 17 individuals’ records for nonbusiness purposes.
- Rodriguez admitted nonbusiness access at trial; prosecutors charged 17 misdemeanor counts under 18 U.S.C. § 1030(a)(2)(B).
- District court varied upward at sentencing to 12 months imprisonment and 12 months supervised release; Rodriguez appealed asserting error and reasonableness of sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Rodriguez exceeded authorized access under 1030(a)(2)(B). | Rodriguez argues access was authorized for his role. | Rodriguez argues no crime since use was not for fraud/financial gain. | Yes, exceeded authorized access; conviction affirmed. |
| Whether use of obtained information is required for a Section 1030(a)(2)(B) conviction. | Rodriguez contends lack of use for crime/financial gain defeats the statute. | N/A | Not required; obtaining information for nonbusiness reasons suffices. |
| Whether the sentence of 12 months is reasonable. | N/A | N/A | Reasonable; district court did not abuse discretion. |
Key Cases Cited
- LVRC Holdings LLC v. Brekka, 581 F.3d 1127 (9th Cir.2009) (agency policy prohibited nonbusiness use; distinguishable fact pattern)
- United States v. John, 597 F.3d 263 (5th Cir.2010) (use of information may exceed authorized access when used to commit crime)
- United States v. Gall, 552 U.S. 38 (S. Ct.2007) (procedural/ substantive reasonableness framework for sentences)
- United States v. Irey, 612 F.3d 1160 (11th Cir.2010) (en banc; reasonableness standard for sentences)
- United States v. Docampo, 573 F.3d 1091 (11th Cir.2009) (procedural/substantive reasonableness review)
- United States v. Amedeo, 487 F.3d 823 (11th Cir.2007) (variance permissible based on §3553(a) factors)