United States v. Gallagher
United States Court of Appeals for the Fourth Circuit
90 F.4th 182 (2024)
- Written by Sean Carroll, JD
Facts
In 2013, Andrey Kalugin (defendant) met Laura Gallagher (defendant), an American citizen, while in the United States on a student visa. In 2015, the couple got married. Thereafter, the couple filled out paperwork to get Kalugin a green card based on the marriage. In April 2016, the couple moved from California to Virginia. The evidence indicated that in May 2016, however, Kalugin moved back to California. Nevertheless, the couple continued to seek citizenship for Kalugin based on the marriage. The government charged the couple with conspiracy to fraudulently obtain US citizenship. The government argued that the couple’s marriage ended in 2016 but they continued to use the marriage to attempt to get Kalugin citizenship. Kalugin argued that he believed the marriage continued to be legitimate. Kalugin and Gallagher sought to introduce loving Facebook messages the couple sent to each other after Kalugin returned to California. The district court excluded the evidence on the ground that it was hearsay. Kalugin and Gallagher were convicted, and they appealed.
Rule of Law
Issue
Holding and Reasoning (Heytens, J.)
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