Case: 17-15047 Date Filed: 04/22/2019 Page: 1 of 10 [PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 17-15047 ________________________ D.C. Docket No. 1:11-cr-20279-RNS-17 UNITED STATES OF AMERICA, Plaintiff-Appellee, versus STANISLAV PAVLENKO, Defendant-Appellant. ________________________ Appeal from the United States District Court for the Southern District of Florida _______________________ (April 22, 2019) Before WILLIAM PRYOR and NEWSOM, Circuit Judges, and ROSENTHAL, * District Judge. WILLIAM PRYOR, Circuit Judge: * Honorable Lee H. Rosenthal, Chief United States District Judge for the Southern District of Texas, sitting by designation. Case: 17-15047 Date Filed: 04/22/2019 Page: 2 of 10 This appeal requires us to decide whether a criminal defendant has standing to appeal the dismissal of his indictment without prejudice. Stanislav Pavlenko stood charged of 23 counts arising from a fraudulent scheme when he negotiated a settlement agreement with the government. Pavlenko, a Russian citizen, agreed to return to Russia and abandon his lawful permanent resident status in the United States. And he waived “any right to return to the United States” for ten years. In exchange, the government agreed to dismiss all charges against him. The day after Pavlenko boarded a flight to Russia, the government moved to dismiss the indictment. The district court granted the motion in the light of the settlement agreement in which Pavlenko had agreed, among other things, “not to return to the United States” for ten years. Pavlenko contends that the dismissal imposed conditions to which he never agreed. But because the order did nothing more than dismiss the indictment against him, Pavlenko lacks standing to complain about it. We dismiss his appeal for lack of jurisdiction. I. BACKGROUND A grand jury returned a 57-count indictment charging Stanislav Pavlenko, a Russian citizen, and seven others with offenses arising from their operation of a fraudulent scheme in their nightclubs in South Beach. The indictment alleged that the conspirators illegally imported women, called “bar girls,” primarily from Latvia and Estonia, to lure intoxicated victims to their clubs where the conspirators 2 Case: 17-15047 Date Filed: 04/22/2019 Page: 3 of 10 would fraudulently charge the victims’ credit cards. Pavlenko’s 23 charges included numerous counts of wire fraud, conspiracy to commit wire fraud, conspiracy to commit money laundering, and conspiracy to defraud the United States. A jury found Pavlenko guilty of ten counts but acquitted him of the remaining 13 counts. The district court sentenced Pavlenko to serve 78 months of imprisonment. Pavlenko appealed, and we vacated his convictions on the ground that the district court abused its discretion when it refused to give a jury instruction the defendants requested. See United States v. Takhalov, 838 F.3d 1168 (11th Cir. 2016). After we remanded the case, Pavlenko and the government reached a settlement agreement. Pavlenko agreed to “abandon his lawful permanent resident status and voluntarily return to Russia”; “waive[] any right to return to the United States, as well as any right to re-apply for lawful permanent resident status or any other immigration status . . . ...
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