United States v. Hovhannisyan

17-2584 United States v. Hovhannisyan

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.

1 At a stated term of the United States Court of Appeals for the Second Circuit, held at 2 the Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New York, 3 on the 6th day of November, two thousand seventeen. 4 5 PRESENT: 6 GERARD E. LYNCH, 7 SUSAN L. CARNEY, 8 Circuit Judges. 9 ALVIN K. HELLERSTEIN,* 10 District Judge. 11 _________________________________________ 12 13 UNITED STATES OF AMERICA, 14 15 Appellee, 16 17 v. No. 17-2584 18 19 RAZHDEN SHULAYA, AKA BROTHER, AKA ROMA, 20 ZURAB DZHANASHVILI, AKA ZURA, AKAKI UBILAVA, 21 AKA AKO, HAMLET UGLAVA, MAMUKA CHAGANAVA, 22 MIKHEIL TORADZE, AVTANDIL KANADASHVILI, NAZO 23 GAPRINDASHVILI, AKA ANNA, ARTUR VINOKUROV, 24 AKA RIZHY, EVGHENI MELMAN, TIMUR SUYUNOV, 25 ZURAB BUZIASHVILI, GIORGI LOMISHVILI, AZER 26 ARSLANOUK, IVAN AFANASYEV, AKA VANYA, DENIS 27 SAVGIR, BAKAI MARAT-UULU, ANDRIY PETRUSHYN, DIEGO 28 GABISONIA, LEVAN MAKASHVILI, SEMYON SARAIDAROV, 29 AKA SAMMY, DENYS DAVYDOV, EREKLE KERESELIDZE, 30 ALEX MITSELMAKHER, AKA GLOBUS, YURIY LERNER, 31 AKA YURI, AVTANDIL KHURTSIDZE, NIKOLOZ JIKIA, 32 33 Defendants, * Judge Alvin K. Hellerstein, of the United States District Court for the Southern District of New York, sitting by designation.

1 VACHE HOVHANNISYAN, 2 3 Defendant-Appellant. 4 _________________________________________ 5 6 FOR APPELLANT: BRADLEY L. HENRY, The Henry Law 7 Firm PLLC, New York, NY. 8 9 FOR APPELLEE: ANDREW THOMAS, Assistant United 10 States Attorney, for Joon H. Kim, Acting 11 United States Attorney for the Southern 12 District of New York, New York, NY. 13 14 Appeal from an order of the United States District Court for the Southern District of 15 New York (Forrest, J.).

16 UPON DUE CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, 17 ADJUDGED, AND DECREED that the order of detention entered on August 17, 2017, 18 is AFFIRMED.

19 Defendant Vache Hovhannisyan seeks review of the District Court’s order under 18 20 U.S.C. § 3142(e) denying his application for pretrial release. We have jurisdiction over this 21 appeal under 18 U.S.C. § 3145(c) and 28 U.S.C. § 1291. See Fed. R. App. P. 9(a). We review 22 for clear error the District Court’s determination that the defendant poses a risk of flight and 23 that no condition or combination of conditions would guarantee his appearance at trial. See 24 United States v. Berrios-Berrios, 791 F.2d 246, 250-51 (2d Cir. 1986). Upon due consideration, 25 we affirm the order denying release pending trial for substantially the reasons stated by the 26 District Court during the defendant’s August 4, 2017 bail hearing. (Ex. H (Aug. 2 [sic: 4], 27 2017 Tr.) at 26-33.)

28 FOR THE COURT: 29 Catherine O’Hagan Wolfe, Clerk of Court 30