United States v. Zhyltsou, No. 13-803 (2d Cir. 2014)Annotate this Case
Defendant appealed his conviction of a single count of charge of transfer of a false identification document. The court concluded that the district court erred in admitting evidence of a printed copy of a web page, which the government claimed was defendant's profile page from a Russian social networking site similar to Facebook because the page had not been properly authenticated under Federal Rule of Evidence 901. The government presented insufficient evidence that the page was what the government claimed it to be and, therefore, the district court abused its discretion in admitting the evidence. Because the error was not harmless where the evidence played an important role in the government's case in demonstrating that defendant transferred a fake birth certificate, the court vacated and remanded for retrial.