Vevea

FILED

JUL 29 2011

NOT FOR PUBLICATION

MOLLY C. DWYER, CLERK

U .S. C O U R T OF APPE ALS

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 08-10080

Plaintiff - Appellee, D.C. No. CR-03-05410-LJO

v.

MEMORANDUM *

VICTOR VEVEA,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of California Lawrence J. O’Neill, District Judge, Presiding

Argued and Submitted May 9, 2011 San Francisco, California

Before: GOULD and M. SMITH, Circuit Judges, and MARBLEY, District Judge.**

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.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable Algenon L. Marbley, United States District Judge for the Southern District of Ohio, sitting by designation. 1. VeVea raises several arguments relating to how the offense was

classified in certain documents and proceedings before the district court.…