United States Eleventh Circuit

For charges related to conspiracy, defrauding the U.S. by impairing the functioning and administration of the Medicare Program, submitting false claims to the Department of Health and Human Services, and knowingly soliciting and receiving cash kickbacks involving a federal health care program, convictions and sentences are affirmed over claims that the district court erred by: 1) denying defendant's motions to continue the trial; 2) miscalculating defendant's applicable guideline range by using the commercial bribery guideline in United States Sentencing Guidelines section 2B4.1 (Nov. 2006) to calculate her base offense level, applying an 18-level enhancement under U.S.S.G. section 2B4.1(b)(1)(B), and applying a four-level aggravating-role enhancement under U.S.S.G. section 3B1.1(a); 3) improperly calculating the amount of restitution; and 4) improperly ordering forfeiture.

Appellate Information

• Decided 10/09/2008
• Published 10/09/2008

Judges

Court

• United States Eleventh Circuit

Counsel