1 UNITED STATES COURT OF APPEALS

2 FOR THE SECOND CIRCUIT

3 ‐‐‐‐‐‐

4 August Term, 2023

5 (Argued: February 12, 2024 Decided: January 3, 2025)

6 Docket No. 22‐1799

7 _________________________________________________________

8 UNITED STATES OF AMERICA,

9 Appellee, 10 11 ‐ v. ‐ 12 GUY CUOMO, a.k.a. John Monaco, 13 Defendant‐Appellant.* 14 _________________________________________________________ 15 Before: KEARSE, PARK, and PÉREZ, Circuit Judges.

* The Clerk of Court is instructed to amend the official caption to conform with the above. 1 Appeal from a judgment entered in the United States District Court for

2 the Northern District of New York, following a jury trial before Thomas J. McAvoy,

3 Judge, and sentencing by Mae A. DʹAgostino, Judge, convicting defendant of

4 conspiracy to commit computer fraud, in violation of 18 U.S.C. §§ 1030(b),

5 1030(a)(2)(C), and 1030(c)(2)(B)(iii); accessing a protected computer and obtaining

6 information without authorization, in violation of 18 U.S.C. §§ 1030(a)(2)(C) and

7 1030(c)(2)(B)(i); two counts of aggravated identity theft, in violation of 18 U.S.C.

8 § 1028A(a)(1); misuse of a social security number, in violation of 42 U.S.C.

9 § 408(a)(7)(B); and conspiracy to misuse social security numbers, in violation of 18 10 U.S.C. § 371; and sentencing him principally to a total of 45 monthsʹ imprisonment, 11 to be followed by a total of three yearsʹ supervised release. On appeal, defendant 12 contends principally that his convictions should be reversed on the grounds that his 13 conduct did not violate the Computer Fraud and Abuse Act, 18 U.S.C. § 1030, and 14 Social Security Act § 206, 42 U.S.C. § 408; that the courtʹs instructions to the jury were 15 deficient with respect to the counts relating to computer fraud and social‐security‐ 16 number misuse; and that the evidence was insufficient to support his convictions 17 relating to identity theft and social‐security‐number misuse. Finding no merit in 18 these contentions, or in his challenges to the calculation of his sentence, we affirm.

2 1 STEVEN D. CLYMER, Assistant United States Attorney, 2 Syracuse, New York (Carla B. Freedman, United 3 States Attorney for the Northern District of New 4 York, Joshua R. Rosenthal, Assistant United States 5 Attorney, Syracuse, New York, on the brief), for 6 Appellee.

7 ANDREW LEVCHUK, Amherst, Massachusetts, for 8 Defendant‐Appellant.

9 KEARSE, Circuit Judge: 10 Defendant Guy Cuomo appeals from a judgment entered in the United 11 States District Court for the Northern District of New York, following a jury trial 12 before Thomas J. McAvoy, Judge, and sentencing by Mae A. DʹAgostino, Judge, 13 convicting him of conspiracy to commit computer fraud, in violation of 18 U.S.C. 14 §§ 1030(b), 1030(a)(2)(C), and 1030(c)(2)(B)(iii) (Count 1); accessing a protected 15 computer and obtaining information without authorization, in violation of 18 U.S.C. 16 §§ 1030(a)(2)(C) and 1030(c)(2)(B)(i) (Count 2); aggravated identity theft, in violation 17 of 18 U.S.C. § 1028A(a)(1) (Counts 7 and 18); misuse of a social security number, in 18 violation of 42 U.S.C. § 408(a)(7)(B) (Count 13); and conspiracy to misuse social 19 security numbers, in violation of 18 U.S.C. § 371 (Count 12); and sentencing him 20 principally to a total of 45 mon