Logourl black
From our private database of 14,100+ case briefs...

United States v. Zhyltsou

United States Court of Appeals for the Second Circuit
769 F.3d 125 (2d Cir. 2014)


Facts

Alexander Zhyltsou (defendant) was charged with forging a birth certificate for Vladyslav Timku. Timku, who had previously been convicted of conspiracy to commit wire fraud and identity theft, testified that Zhyltsou had created the fake birth certificate and sent it to Timku from Zhyltsou’s email address, azmadeuz@gmail.com (Gmail address). The prosecution introduced a copy of the email, to which the forged birth certificate was attached, into evidence. Over Zhyltsou’s objection, the prosecution also introduced a printout of a webpage from VK.com, the Russian version of Facebook. The printout was of a VK.com profile containing Zhyltsou’s picture and information. The prosecution introduced the printout as Zhyltsou’s VK.com profile and claimed that the profile was created by Zhyltsou. The printout listed Zhyltsou’s address on Skype as “Azmadeuz,” which the prosecution connected to the Gmail address. The prosecution acknowledged that it did not know whether VK.com required any kind of identity verification prior to the creation of a profile. There was no other evidence that Zhyltsou had created a VK.com profile page. Zhyltsou was convicted, and he appealed.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

To access this section, please start your free trial or log in.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question.

To access this section, please start your free trial or log in.

Holding and Reasoning (Livingston, J.)

The holding and reasoning section includes:

  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, please start your free trial or log in.

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 217,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.