USA V. ALEXANDER KOSTYUKOV, No. 15-10597 (9th Cir. 2017)

Annotate this Case

Download PDF

NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED SEP 25 2017 MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellee, No. U.S. COURT OF APPEALS 15-10597 D.C. No. 2:12-cr-00004-APG-GWF-3 v. ALEXANDER KOSTYUKOV, AKA Klbs, AKA Temp, MEMORANDUM* Defendant-Appellant. Appeal from the United States District Court for the District of Nevada Andrew P. Gordon, District Judge, Presiding Argued and Submitted September 15, 2017 San Francisco, California Before: SCHROEDER and FRIEDLAND, Circuit Judges, and WHALEY,** District Judge. Kostyukov challenges four enhancements applied at his sentencing hearing for the first time on appeal. When a party fails to raise an objection at trial “yet asserts error on appeal,” we review for plain error. United States v. Santiago, 466 * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable Robert H. Whaley, United States District Judge for the Eastern District of Washington, sitting by designation. F.3d 801, 803 (9th Cir. 2006). Plain error is “(1) error, (2) that is plain, and (3) that affects substantial rights.” United States v. Cotton, 535 U.S. 625, 631 (2002) (quoting Johnson v. United States, 520 U.S. 461, 466–67 (1997)). That standard is not met here. AFFIRMED. 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.