United States First Circuit

Defendant unsuccessfully appeals his conviction for conspiring to defraud the Medicare program by inducing physicians to order and to certify as medically necessary a large number of unnecessary ferritin blood tests. Downward departures, based on the disparity in sentences among co-defendants and on the defendant's good works, were unwarranted; on remand, a fine must be imposed.

Appellate Information

• Decided 02/04/2004
• Published 02/04/2004

Judges

• LYNCH, Circuit Judge., Before LYNCH, LIPEZ, and HOWARD, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Michael K. Loucks, Assistant U.S. Attorney, with whom Michael J. Sullivan, U.S. Attorney, and Susan G. Winkler and Gary S. Katzmann, Assistant U.S. Attorneys, were on brief, for appellant.


• For Appellees:
  
• Matthew D. Brown, with whom Joseph P. Russoniello and Cooley Godward LLP were on brief, for appellee.