Vevea

MEMORANDUM

Victor VeVea appeals his conviction and sentence for “unlawful access to stored communications,” 18 U.S.C. § 2701 (a) (1996) (amended 2002). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

1. VeVea raises several arguments relating to how the offense was classified in certain documents and proceedings before the district court. He complains that the offense’s Class B misdemeanor designation is inconsistent with the superseding information’s charge of an element enhancing the offense to a Class A misdemeanor, as well as the district court’s imprecise statement at sentencing that the offense was “a petty offense, not a misdemeanor.” Notwithstanding these irregularities, the record is absolutely clear that VeVea was tried, convicted, and sentenced only for a Class B misdemeanor, which is a petty offense. 18 U.S.C. § 19 . Because the Class B misdemeanor was a lesser-included offense of the superseding information charge, the government was permitted to prosecute that offense. See United States v. Gavin, 959 F.2d 788, 791-92 (9th Cir.1992). Further, because VeV-ea was tried only for a Class B misdemeanor, his prosecution was not governed by the Speedy…