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United States v. Rashkovski

301 F.3d 1133 (2002)

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United States v. Rashkovski

United States Court of Appeals for the Ninth Circuit

301 F.3d 1133 (2002)

Facts

Alexander Rashkovski (plaintiff) was a pimp who operated a prostitution ring in California. Police discovered Rashkovski’s operation after seeing a classified advertisement in a local circular. Rashkovski recruited women from Russia, transported them to the United States illegally via Mexico, and then used threats and violence to force the women to engage in prostitution once they reached the United States. Two Russian women, Toulousheva and Tsimbal, agreed to travel to the United States with Rashkovski. Both Toulousheva and Tsimbal wanted to immigrate to the United States and decided to use Rashkovski as their means of transport. Neither Toulousheva nor Tsimbal intended to actually engage in prostitution for Rashkovski after arriving in the United States. Rashkovski flew Toulousheva and Tsimbal to Mexico and attempted to sneak Toulousheva and Tsimbal across the land border into the United States. Rashkovski, Toulousheva, and Tsimbal were caught by United States Border Patrol agents, and Rashkovski was arrested. Rashkovski was charged under Section 2422(a) of the United States Code for enticing Toulousheva and Tsimbal into foreign travel for the purpose of engaging in prostitution. Rashkovski was convicted after a jury trial. Rashkovski appealed, arguing that (1) he did not entice Toulousheva and Tsimbal to travel to the United States because they had a preexisting desire to immigrate to the United States; and (2) he could not be convicted of forcing Toulousheva and Tsimbal to engage in prostitution because neither intended to actually engage in prostitution after reaching the United States.

Rule of Law

Issue

Holding and Reasoning (Wardlaw, J.)

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