United States Eleventh Circuit

In the government's appeal from Defendant's sentence in a Medicare fraud prosecution, the sentence is vacated where the District Court: 1) failed to calculate loss and erroneously reduced Defendant's offense level by two points for acceptance of responsibility; and 2) demonstrated great difficulty in putting aside his prior conclusions about the merits of this prosecution.

Appellate Information

• Decided 06/23/2009
• Published 06/23/2009

Judges

• PRYOR, Circuit Judge:, Before BARKETT and PRYOR, Circuit Judges, and EDENFIELD, District Judge.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Leif M. Johnson, Billings, MT, Anne R. Schultz, Asst. U.S. Atty., Miami, FL, for U.S.


• For Appellees:
  
• Neal R. Sonnett, Miami, FL, for Defendants-Appellees.