Escolar Documentos
Profissional Documentos
Cultura Documentos
No. 09-5051
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Jerome B. Friedman, District
Judge. (2:09-cr-00077-JBF-FBS-1)
Submitted:
Decided:
November 3, 2010
PER CURIAM:
Alexis
imposing
Starkes
special
appeals
condition
the
on
district
her
courts
three-year
order
probation
familiar
for
with
previously
the
had
H2-B
applied
visa
program
for
such
visas
foreign
to
workers
secure
and
temporary
Krasautsau
supplied
needed
40
by
Valet
Services
from
April
1,
2008,
to
workers
supplied
by
Janitorial
companies.
Krasautsau
eventually
mailed
the
H2-B
visa
cents per man hour for each Krasautsau employee working at the
Crowne
Plaza,
but
the
scheme
was
discovered
before
Starkes
against
on
the
Starkes
foregoing,
in
the
criminal
Eastern
information
District
of
was
Virginia,
Starkes waived
guilty
district
without
court
benefit
accepted
of
Starkess
plea
plea
agreement.
and
conducted
The
a
sentencing hearing.
At
sentencing,
the
district
court
adopted
the
and
her
guidelines
district
criminal
range
court
of
history
zero
sentenced
to
category
six
Starkes
3
I,
yielding
months
to
an
advisory
imprisonment.
term
of
probation
The
for
three years with the special condition that she was prohibited
from engaging in any aspect of the human resources business or
any similar occupation where [she] would have access to labor
contracts. *
United
States
2003).
v.
Starkes,
Dotson,
however,
324
F.3d
failed
256,
to
259-60
object
to
(4th
the
Cir.
condition
In order to
was
made;
(2)
the
error
(1993).
is
plain;
and
at
(3)
(1) an
the
error
and
internal
quotation
omitted).
Starkes
The
relevant
sentencing
statute
provides
that
U.S.C.
Guidelines
3563(b)(5)
Manual
(2006).
5F1.5
United
implements
States
this
Sentencing
statutory
First,
uphold
employment
In addition, courts
restrictions,
including
those
F.3d
713,
717-19
(3d
Cir.
2006)
(upholding
employment
entity
given
lengthy
history
of
preparing
fraudulent
to
occasions);
1996)
obtain
United
(affirming
fraudulent
States
v.
restriction
prescriptions
Choate,
on
101
on
F.3d
hundreds
562
self-employment
for
(8th
of
Cir.
defendant
to
excesses
of
salesmanship
that
tend
to
creep
up
in
an
HR
this
case,
it
was
Starkess
position
as
The
to
seek
employment
in
the
field
of
human
resources
in
the
equestrian
industry
when
defendants
prior
crime).
Although
the
district
court
might
well
have
Smith, 332 F.3d 455, 461 (7th Cir. 2003) (the reasonably direct
relationship
between
defendants
occupation
as
commercial
dispense
with
oral
argument
because
the
facts
and
legal
AFFIRMED