U.S. v. Teague

• Decision Date: 28 July 2011
• Docket Number: No. 11–1214.,11–1214.
• Citation: 646 F.3d 1119
• Parties: UNITED STATES of America, Appellee,v.Sandra Lynn TEAGUE, Appellant.
• Court: U.S. Court of Appeals — Eighth Circuit

646 F.3d 1119

UNITED STATES of America, Appellee,

v.Sandra Lynn TEAGUE, Appellant.

No. 11–1214.

United States Court of Appeals, Eighth Circuit.

Submitted: June 17, 2011.Filed: July 28, 2011.

Patrick W. O'Bryan, O'Bryan Law Firm, Des Moines, IA, argued, for appellant.Mary Clare Luxa, Asst. U.S. Atty., Des Moines, IA, argued (Nicholas A. Klinefeldt, U.S. Atty., Shannon L. Olson, Asst. U.S. Atty., Des Moines, IA, Joel W. Barrows, Asst. U.S. Atty., Davenport, IA, on the brief), for appellee.Before BYE and MELLOY, Circuit Judges, and SMITH CAMP,¹District Judge.BYE, Circuit Judge.

A jury convicted Sandra Lynn Teague of exceeding authorized computer access and obtaining information from a department of the United States, in violation of 18 U.S.C. § 1030(a)(2)(B) and (c)(2)(A). The district court ² sentenced her to two years' probation. Teague appeals contending the evidence was insufficient to sustain her conviction and the district court abused its discretion by denying her request for a government-funded expert witness. We affirm.

I

From March 2000 to June 2009, Teague was employed with Vangent Corporation, Inc., a Department of Education (DOE) contractor that assists with student loan inquiries via a call center and engages in debt collection on behalf of the government. To perform her duties, Teague had privileged access to the National Student Loan Data System (NSLDS), which contains student borrowers' private information. After an internal investigation, the DOE identified Teague as one of nine privileged users who had accessed the student loan records of now-President Barack Obama. Teague was indicted on one count of exceeding authorized access to a computer.

Prior to trial, Teague applied for a court-appointed expert pursuant to 18 U.S.C. § 3006A(e). In her application, Teague stated she needed an “expert to review certain discovery materials concerning the allegation of intentionally exceeding her authorized access to her computer.” Although the government did not resist the motion, the district court denied it without prejudice citing “an insufficient basis ... to justify expenditure of funds for an expert witness given the nature of the issues alleged.” Teague did not renew the motion.

At trial, the government introduced, among other evidence, a log of computer activity from August 27, 2008, the date of the alleged offense. The log established that on that day Teague's unique user ID accessed the NSLDS at 5:54 a.m., searched for Obama's records at 5:55 a.m., and viewed Obama's private information until 5:57 a.m. The log also showed that twenty-eight minutes later the same user ID had accessed the records of one Marc Martin, Teague's nephew, and both searches were conducted from the IP address of Teague's workplace computer. During the investigation and at trial, Teague admitted to conducting the Marc Martin search.

In addition, the government called as a witness Agent Nicole Centers Eisenzopf of the Department of Education Office of the Inspector General Technology Crimes Division. Centers testified there was no timeout between the Obama search and the Marc Martin search. According to Centers, the NSLDS has a security feature that automatically logs users off after thirty minutes of inactivity. Since there was no timeout between the searches, Centers continued, anyone approaching Teague's computer in the interim would have seen the open NSLDS screen.

The government also presented evidence that Teague was at work on the day in question. Bolstering its case, the government called as a witness Pat Meyers, Teague's co-worker, who testified Teague sometimes showed up at work before 6:00 a.m. Finally, the government introduced the evidence of Teague's conversation with Christopher Cooper, Special Agent of the Department of Education Office of Inspector General, which took place on June 16, 2009. According to Cooper, Teague equivocated in response to his questions about the Obama search stating “she can't tell me that she didn't do it, but she doesn't remember doing it.” Tr. at 44. Vangent Vice President Kevin Boyle, who also questioned Teague about the Obama search, also recalled Teague alternating between denials and forgetfulness. After less than a day of deliberations, the jury found Teague guilty.

II

First, Teague contends the government's evidence was insufficient to support her conviction. We review the sufficiency of the evidence de novo, “viewing evidence in the light most favorable to the government, resolving conflicts in the government's favor, and accepting all reasonable inferences that support the verdict.” United States v. Piwowar, 492 F.3d 953, 955 (8th Cir.2007) (internal quotation marks and citations omitted). If any interpretation of the evidence would allow a reasonable-minded jury to find the defendant guilty beyond a reasonable doubt, we must uphold the verdict. United States v. McCloud, 590 F.3d 560, 565–66 (8th Cir.2009). This standard of review is very strict, “and the jury's verdict is not to be lightly overturned.” United States v. Hayes, 391 F.3d 958, 961 (8th Cir.2004).

Teague concedes her unique user ID and password were used to access Obama's student loan records, but denies it was she who used them. Without offering any alibi of her own, Teague pokes holes in the government's case, arguing generally the jury convicted her by process of elimination. After reviewing the evidence introduced at trial, we conclude the government met its burden.

To convict Teague, the government needed to prove she (1) intentionally exceeded her authorized computer access, and (2) obtained information from a department or agency of the United States. 18 U.S.C. § 1030(a)(2)(B). While the government did not produce direct evidence of Teague's guilt, it presented copious circumstantial evidence of her involvement, which may properly serve as a basis for the conviction. United States v. Simon, 376 F.3d 806, 808 (8th Cir.2004). For example, the government introduced evidence establishing that on August 27, 2008, Teague's user ID accessed Obama's records, as well as the records of Marc Martin, Teague's nephew. Critically, Teague admitted to conducting the Marc Martin search. Furthermore, the government introduced testimony that there was no timeout between the Obama search and the Marc Martin search. Based on this cumulative evidence, the jury could reasonably conclude the Obama search, which was part of one continuous session with the Marc Martin search, was also conducted by Teague.

Although the defendant is not required to produce proof of her innocence, see Taylor v. Kentucky, 436 U.S. 478, 483, 98 S.Ct. 1930, 56 L.Ed.2d 468 (1978), it is noteworthy that Teague's testimony at trial denying having conducted the Obama search was not particularly credible. First, Teague was impeached with her prior inconsistent statements regarding her involvement in the Obama search. Both Special Agent Cooper and Vangent Vice President Kevin Boyle recall Teague stopped short of denying conducting the search when questioned prior to trial. Second, during cross-examination, the government asked Teague if she had contacted her co-workers Daniel Kurtz or Pat Meyers about their upcoming testimony at trial, implying Teague was attempting to tamper with witnesses. Teague responded she was simply returning Kurtz's call and asking Meyers out to lunch. On rebuttal, both Meyers and Kurtz testified Teague's phone calls dealt with the substance of their anticipated trial testimony. With all inferences drawn in favor of the government, a reasonable jury could disbelieve Teague's account of events.

Finally, Teague insists someone else accessed...