United States Eleventh Circuit

Conviction of conspiracy to submit false claims to the U.S., mail fraud, and conspiracy to submit false cost reports to Medicare are affirmed, however, sentencing of individual and certain corporate defendants, resulting in all defendants' exclusion from Medicare programs for five years, is vacated as the district court erred in its application of U.S.S.G. section 3B1.1(a) and 2F1.1(b)(1).

Appellate Information

• Decided 09/05/2006
• Published 09/05/2006

Judges

• SILER, Circuit Judge:, Before ANDERSON, FAY and SILER, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Leif M. Johnson, Billings, MT, for U.S.


• For Appellees:
  
• Thomas Emerson Scott, Jr. and Maria Trejos Kleppinger, Cole, Scott & Kissane, P.A., Miami, FL, for Defendants-Appellants Cross-Appellees.