18-1390 (L) U.S. v. Vinokurov 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 13th day of April, two thousand twenty-one. PRESENT: RICHARD C. WESLEY, SUSAN L. CARNEY, WILLIAM J. NARDINI, Circuit Judges. _________________________________________ UNITED STATES OF AMERICA, Appellee, v. Nos. 18-1390 (L), 18-2522, 18-2783, 18-3852 * AZER ARSLANOUK, AVTANDIL KHURTSIDZE, RAZHDEN SHULAYA, AKA BROTHER, AKA ROMA, Defendants-Appellants, ZURAB DZHANASHVILI, AKA ZURA, AKAKI UBILAVA, AKA AKO, HAMLET UGLAVA, MAMUKA CHAGANAVA, MIKHEIL TORADZE, NAZO GAPRINDASHVILI, AKA ANNA, EVGHENI MELMAN, TIMUR SUYUNOV, ZURAB * The Lead appeal, No. 18-1390, was separately determined by order filed on September 5, 2018. BUZIASHVILI, GIORGI LOMISHVILI, IVAN AFANASYEV, AKA VANYA, DENIS SAVGIR, BAKAI MARAT-UULU, ANDRIY PETRUSHYN, DIEGO GABISONIA, LEVAN MAKASHVILI, SEMYON SARAIDAROV, AKA SAMMY, DENYS DAVYDOV, EREKLE KERESELIDZE, ALEX MITSELMAKHER, AKA GLOBUS, YURIY LERNER, AKA YURI, AVTANDIL KANADASHVILI, NIKOLOZ JIKIA, VACHE HOVHANNISYAN, ARTUR VINOKUROV, AKA RIZHY, Defendants. _________________________________________ FOR DEFENDANTS-APPELLANTS: MEGAN W. BENETT, Kreindler & Kreindler LLP, New York, NY (Arthur K. Womble, Jr., Zeman & Womble, LLP, Brooklyn, NY, on the brief) (for Avtandil Khurtsidze). ARZA FELDMAN, Feldman & Feldman, Attorneys at Law, Manhasset, NY (for Razhden Shulaya). Louis V. Fasulo, Fasulo Braverman & DiMaggio, LLP, New York, NY (for Azer Arslanouk). Razhden Shulaya, pro se, Bruceton, WV. FOR APPELLEE: ANDREW C. ADAMS (Anna M. Skotko and Andrew M. Thomas, on the brief), Assistant United States Attorneys, for Audrey Strauss, United States Attorney for the Southern District of New York, New York, NY. Appeal from judgments of conviction of the United States District Court for the Southern District of New York (Forrest and Preska, JJ.). UPON DUE CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the case of Avtandil Khurtsidze is REMANDED with instructions that the district court vacate the judgment of conviction entered on 2 September 20, 2018, only as to the sentence then imposed and conduct a resentencing; Khurtsidze’s conviction is otherwise AFFIRMED; the judgment of conviction entered on December 20, 2018, with respect to Razhden Shulaya is AFFIRMED; the appeal of Azer Arslanouk is DISMISSED in part, and the judgment of conviction entered against him on August 18, 2018, is otherwise AFFIRMED; and Louis V. Fasulo’s motion to be relieved as counsel to Arslanouk is GRANTED. Avtandil Khurtsidze and Razhden Shulaya appeal from the judgments of …
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