United States v. Muhammad Anwar

428 F.3d 1102, 68 Fed. R. Serv. 950, 2005 U.S. App. LEXIS 24470, 2005 WL 3028823
CourtCourt of Appeals for the Eighth Circuit
DecidedNovember 14, 2005
Docket04-3726
StatusPublished
Cited by34 cases

This text of 428 F.3d 1102 (United States v. Muhammad Anwar) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Muhammad Anwar, 428 F.3d 1102, 68 Fed. R. Serv. 950, 2005 U.S. App. LEXIS 24470, 2005 WL 3028823 (8th Cir. 2005).

Opinion

RILEY, Circuit Judge.

Muhammad Anwar (Anwar) was charged with and convicted of conspiring to defraud the government by aiding and abetting others to enter into fraudulent marriages between 1993 and 2003, in violation of 18 U.S.C. § 371, and aiding and abetting a foreign national and a United States citizen in the act of entering into a fraudulent marriage for the purpose of evading immigration laws, in violation of 8 U.S.C. § 1325(c). The district court 1 sentenced Anwar to six months’ imprisonment and three years’ supervised release. An-war appeals, raising multiple errors. Finding no reversible errors, we affirm.

I. BACKGROUND

At trial, the jury heard testimony relating to Anwar’s solicitation of female employees and acquaintances, from approximately 1993 to 2003, to marry Pakistani men for the purpose of allowing the men to evade United States immigration laws. Six women-speeifically, Amy Gauthier (Gauthier), Mary Tucker (Tucker), Essie Cooper (Cooper), Keeley Hoyt Ali (Hoyt Ali), Sherry Ali (Ali), and Kayleen Nazir (Nazir)-testified Anwar approached them and asked if they would marry Pakistani men. The women understood the proposed marriages were not intended to be *1107 legitimate marital relationships, but instead would be “green card marriages,” i.e., marriages for the purpose of helping the foreign nationals remain in the United States by evading immigration laws. With respect to Tucker, Cooper, Hoyt Ali, Ali, - and Nazir, Anwar allegedly assured the women they would be taken care of financially in exchange for marrying Pakistani men.

Amy Skalsky-Akhtar (Akhtar), a United States citizen, testified Anwar asked her to marry his nephew, Tariq, who lived in Pakistan. Akhtar later married Tariq after knowing him for only five or six hours. The couple neither consummated the marriage nor lived together following the wedding. Following Akhtar’s marriage to Tariq, Anwar allegedly asked Akhtar several times to begin working on Tariq’s immigration paperwork. When Akhtar expressed her reluctance to do so, Anwar allegedly told her to file the paperwork and then divorce Tariq after he came to the United States.

The jury also heard testimony relating to Anwar’s conduct between late 2002 and early 2003 in aiding a fraudulent marriage between Amanda Reinier (Reinier) and Hamid Bashir (Bashir). Reinier testified that in January 2003 Anwar asked her to marry Bashir, who, according to Reinier’s and Bashir’s marriage certificate as well as Bashir’s immigration documents, was born in Pakistan. Reinier agreed to do so. After knowing one another for less than two weeks, Reinier and Bashir married on February 13, 2003, in - South Dakota, a state that has no waiting period for entering into marriage. At the time Reinier married Bashir, she had no intention of living with him as a spouse. Rather, her purpose was to allow Bashir to obtain a green card and residency in the United States. In exchange for marrying Bashir, Anwar allegedly told Reinier she would receive a truck. Anwar later made the down payment on the truck.

Following Render's and Bashir’s wedding, Anwar allegedly began asking Reinier when she would file the necessary immigration paperwork, instructing her how to make the marriage appear legitimate by living with Bashir. Reinier ultimately signed the requisite paperwork on Bashir’s behalf. After Reinier joined the military in about March 2003, Reinier realized her marriage to Bashir was wrong and wanted to end it. Anwar allegedly advised Reinier if she filed for no-fault divorce, Bashir’s immigration status would not be affected. Reinier. annulled the marriage in October 2003. -

Gauthier, Reinier’s sister, also testified regarding the Reinier and Bashir marriage. According to Gauthier, after Reinier’s wedding Anwar asked her to write a letter in support of Bashir’s application, allegedly telling her too many Pakistani people had- submitted support letters to the Immigration and Naturalization Service (INS) and Reinier would get in trouble if Gauthier did not sign the letter. Gauthier subsequently filed the letter of support.

Over Anwar’s pretrial objection, the government was allowed to present evidence concerning Anwar’s romantic involvement with LeAnne Roof (Roof) and with Ali. Saqib Chudarry (Chudarry), a native of Pakistan, testified Anwar stated he had arranged marriages between various individuals, including a man named Unis Ham-id (Unis) and Anwar’s own girlfriend, Roof. Cheryl Stempien (Stempien), Roofs aunt, testified she attended a wedding between a man named Unis and Roof sometime in the 1990’s, even though Roof and Anwar were involved in a personal relationship both before and after the wedding. Both during and immediately after the wedding, Stempien allegedly heard Anwar promise *1108 to pay Roof $2,000 to marry Unis. Finally, Ali testified she was in a romantic relationship with Anwar between 1993 and 1999, and that during the course of their relationship, Anwar allegedly asked Ali ten to twenty times to marry various Pakistani men so the men could get green cards.

The jury returned a guilty verdict on both counts of the two-count indictment. With regard to Count 1, the jury found Anwar conspired to commit marriage fraud with five individuals: Roof, Reinier, Gauthier, Bashir, and Akhtar. Additionally, the jury found five overt acts were committed in furtherance of the conspiracy: (1) Anwar asked Akhtar to marry his nephew, Tariq, in Pakistan, and Akhtar did so after knowing Tariq for a few hours; (2) Anwar repeatedly asked Akhtar to complete the INS paperwork to allow Tariq to enter and remain in the United States; (3) Anwar knowingly and unlawfully aided and abetted the marriage of Reinier, a United States citizen, and Bashir for the purpose of allowing Bashir to remain in the United States and evade immigration laws; (4) Bashir and Reinier were married on or about February 13, 2003, for the purpose of allowing Bashir to evade immigration laws; and (5) following the marriage of Bashir and Reinier, Anwar continually directed Reinier to complete the INS paperwork to allow Bashir to evade immigration laws. With regard to Count 2, the jury found Anwar guilty of aiding and abetting the commission of marriage fraud on or about late 2002 and early 2003.

Following the verdict, the district court denied Anwar’s motion for a new trial and motion for judgment of acquittal. Anwar appeals, asserting (1) insufficient evidence supported the convictions, (2) the verdict was contrary to the weight of the evidence, (3) the district court erred in admitting evidence of his romantic relationships, (4) the district court erred in admitting prejudicial Federal Rule of Evidence

Free access — add to your briefcase to read the full text and ask questions with AI

Related

United States v. Guy Wilson
142 F.4th 1045 (Eighth Circuit, 2025)
Scott v. Dyno Nobel, Inc.
E.D. Missouri, 2022
State of West Virginia v. Michael S. Sites
West Virginia Supreme Court, 2019
United States v. Steven Blakeney
876 F.3d 1126 (Eighth Circuit, 2017)
United States v. Andrew Melton
870 F.3d 830 (Eighth Circuit, 2017)
United States v. Leroy Shumaker
866 F.3d 956 (Eighth Circuit, 2017)
State v. Schrempp
2016 SD 79 (South Dakota Supreme Court, 2016)
Earley v. State
792 S.E.2d 226 (Supreme Court of South Carolina, 2016)
United States v. Buck Otto White
816 F.3d 976 (Eighth Circuit, 2016)
United States v. Randeep Mann
701 F.3d 274 (Eighth Circuit, 2012)
State v. Inman
720 S.E.2d 31 (Supreme Court of South Carolina, 2011)
United States v. Jewell
614 F.3d 911 (Eighth Circuit, 2010)
Kowalak v. Scutt
712 F. Supp. 2d 657 (E.D. Michigan, 2010)
United States v. Christopher Smith
361 F. App'x 709 (Eighth Circuit, 2010)
United States v. Anne Eley
334 F. App'x 778 (Eighth Circuit, 2009)
United States v. Herron
539 F.3d 881 (Eighth Circuit, 2008)
United States v. Paul Herron
Eighth Circuit, 2008
United States v. Collier
527 F.3d 695 (Eighth Circuit, 2008)

Cite This Page — Counsel Stack

Bluebook (online)
428 F.3d 1102, 68 Fed. R. Serv. 950, 2005 U.S. App. LEXIS 24470, 2005 WL 3028823, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-muhammad-anwar-ca8-2005.