19-3471-cr (L) United States v. Charkoshvili, et al. UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007 IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT’S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION “SUMMARY ORDER”). A PARTY CITING TO A SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL. At a stated term of the United States Court of Appeals for the Second Circuit, held at the Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New York, on the 1st day of February, two thousand twenty-one. PRESENT: ROBERT D. SACK, SUSAN L. CARNEY, Circuit Judges, RACHEL P. KOVNER, District Judge. * _________________________________________ UNITED STATES OF AMERICA, Appellee, v. Nos. 19-3471-cr, OLEGI CHARKHOSHVILI, ZURAB GVARLIANI, 19-3566-cr Defendants-Appellants, DAVIT SHATIRISHVILI, DAVITI SULAKAURI, Defendants.** * Judge Rachel P. Kovner, of the United States District Court for the Eastern District of New York, sitting by designation. ** The Clerk of Court is directed to amend the official caption to conform to the above. _________________________________________ FOR DEFENDANTS-APPELLANTS: James P. Egan, Federal Public Defender, Syracuse, NY (for Olegi Charkhoshvili). Evans D. Prieston, Esq., Long Island City, NY (for Zurab Gvarliani). FOR APPELLEE: Rajit S. Dosanjh, Assistant United States Attorney, for Antoinette T. Bacon, Acting United States Attorney for the Northern District of New York, Syracuse, NY. Consolidated appeal from judgments of the United States District Court for the Northern District of New York (McAvoy, J.). UPON DUE CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the District Court’s order entered June 12, 2018, and judgments of conviction entered on October 22, 2019, are AFFIRMED. Defendants-Appellants Olegi Charkhoshvili and Zurab Gvarliani (“Defendants”) appeal from an evidentiary order and judgments convicting them of conspiracy to commit alien smuggling, in violation of 8 U.S.C. § 1324(a)(1)(A)(v)(I), (a)(1)(B)(i), and (a)(1)(A)(i). On appeal, they contend primarily that, prior to their jury trial, the District Court (Kahn, J.) erred by denying their motions to suppress evidence arising from a Border Patrol agent’s stop of their car on August 21, 2016, in the Champlain, New York area, near the Canadian border. We assume the parties’ familiarity with the underlying facts, procedural history, and arguments on appeal, to which we refer only as necessary to explain our decision to affirm. On appeal from a district court’s denial of a motion to suppress evidence, we review the court’s legal conclusions de novo and its factual findings for clear error, viewing the 2 evidence in the light most favorable to the government. United States v. Singh, 415 F.3d 288, 293 (2d Cir. 2005); see also United States v. Compton, 830 F.3d 55, 61 (2d Cir. 2016). 1 Investigatory stops made by Border ...
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Source: All recent Immigration Decisions In All the U.S. Courts of Appeals