United States Eleventh Circuit

Convictions and sentences related to complex healthcare fraud scheme involving both Medicare and private insurance companies are affirmed where there is no reversible error on issues raised by defendants. On government's cross-appeal, sentences of two physicians are vacated where the district court failed to conduct a relevant ex post facto analysis to determine which sentencing guidelines, the 2000 U.S. Sentencing Guidelines Manual or the 2004 Guidelines Manual, applied.

Appellate Information

• Decided 03/04/2008
• Published 03/04/2008

Judges

• BARKETT, Circuit Judge:, Before ANDERSON and BARKETT, Circuit Judges, and TRAGER, District Judge.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• William M. Norris (Court-Appointed), William M. Norris, P.A., Miami, FL, for Aviles., Harriett R. Galvin, Anne R. Schultz, Asst. U.S. Atty., Dawn Bowen, Miami, FL, for U.S., Humberto R. Dominguez (Court-Appointed), Miami, FL, for Pina., Martin Alan Feigenbaum (Court-Appointed), Surfside, FL, for Fernandez., Thomas John Butler (Court-Appointed), Thomas Butler, P.A., Miami Beach, FL, for Garrido., Susan Dmitrovsky, Benedict P. Kuehne, P.A, Miami, FL, for Zamora.