United States Tenth Circuit

There was no clear error in the district court's finding regarding the scope of a Medicare Antikickback Act defendant's relevant conduct for sentencing, and a determination of the value of a bribe paid under a contract was not clearly erroneous. Downward departure on grounds of extraordinary family circumstances and aberrant behavior is reversed.

Appellate Information

• Decided 01/16/2003
• Published 01/17/2003

Judges

• HARTZ, Circuit Judge., Before HENRY, Circuit Judge, BRORBY, Senior Circuit Judge, and HARTZ, Circuit Judge.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Thomas M. Gannon, Attorney, Department of Justice, Washington, DC (James E. Flory, United States Attorney, District of Kansas, Tanya J. Treadway, Assistant United States Attorney, Kansas City, Kansas;  William H. Bowne, Trial Attorney, Department of Justice, Washington, DC, with him on the briefs), for Plaintiff-Appellant.


• For Appellees:
  
• Charles W. German of Rouse Hendricks German May PC, Kansas City, MO, for Defendant-Appellee.