US v. Elaine Cioni

Defendant was convicted of five electronic communications offenses when she began an anonymous electronic campaign of harassment against a former romantic partner. Defendant challenged her convictions and sentence on numerous grounds. The court held that the felony convictions of Count 2 and Count 4 must be vacated and reduced to misdemeanors where both Counts created a merger problem which implicated double jeopardy principles and where the indictment failed to establish any crime in Count 4. The court also held that there was sufficient evidence to convict defendant on Count 1 and Count 6 where the record showed that she conspired unlawfully to access computers and electronic storage facilities containing unopened e-mails for the purpose of accessing other computers and harassing, annoying, and harming the victim and his family and where the illegal access to voicemail facilitated the harassing telephone calls by supplying the ammunition that made the calls harassing and threatening. The court rejected defendant's claim that her Sixth Amendment rights were violated where the district court granted her request to represent herself. The court further rejected defendant's remaining sentencing arguments and affirmed the judgment of the district court. Finally, in light of Count 2 and Count 4, the court vacated defendant's sentence and remanded for resentencing.