A friend of mine from grad school was very involved in legal issues related to cfaa stuff. According to him, weev really got screwed because he failed "the punk test", which discouraged lawyers from wanting to use him as a test case.
Someone who spends their free time hacking university printers to distribute white supremacist propaganda and is a proud member of the “Gay Nigger Association of America” trolling group would likely not pass.
Weev may have been a good test case if he wasn't a white supremacist.