United States v. Alexander Rashkovski

Alexander Rashkovski appeals his conviction and sentence for smuggling aliens into the United States for prostitution purposes, in violation of 8 U.S.C. §§ 1324 (a)(2)(B)(ii) and 1328, and 18 U.S.C. § 2422 (a). His appeal presents the intriguing question whether sufficient evidence can support a conviction for persuasion or inducement to travel for the purpose of prostitution under § 2422(a), where the aliens themselves desired to leave Russia and travel to the United States, and did so having no actual intent to engage in prostitution. Rashkovski also challenges the district court’s denial of his motion to sever his trial from that of his wife and co-defendant, Nataliya Kozlova, and its determination that each smuggled alien counted as a separate § 1324(a)(2)(B)(ii) violation at sentencing. We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742 (a), and affirm.

I. Background

In March 1999, during an investigation of prostitution rings run through Long Beach hotels, police sergeant Paul LeBar-on noticed a small ad in the L.A. Weekly’s Adult Classified section reading “European Paradise Birds: Find your paradise.” Rashkovski and Kozlova answered the ad’s phone…