Conviction for intentionally trafficking in goods and knowingly using a counterfeit mark is affirmed where: 1) the district court did not abuse its discretion in its definition of use under 18 U.S.C. sec. 2320(a) and the jury charge accurately submitted the issues to the jury; and 2) there was sufficient evidence of defendant’s use of the counterfeit marks on or in connection with the goods to sustain his conviction.
Read US v. Diallo, No. 07-3641
Appellate InformationAppeal from the United States District Court for the Western District of Pennsylvania.Argued October 23, 2008Filed July 31, 2009
JudgesBefore: RENDELL and SMITH, Circuit Judges, and POLLAK, District Judge.Opinion by SMITH, Circuit Judge.
CounselFor Appellant: Renee Pietropaolo, Office of Federal Public Defender, Pittsburgh, PA.
For Appellee: Robert L. Eberhardt, Laura S. Irwin, Office of the United States Attorney, Pittsburgh, PA.
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