United States Second Circuit

Health care fraud convictions are affirmed; sentence is remanded because the district court applied a U.S.S.G. section 3B1.1(b) enhancement without making specific factual findings concerning defendant's alleged role as "manager" or "supervisor."

Appellate Information

• Decided 05/03/2004
• Published 05/03/2004

Judges

• KEITH, Circuit Judge., Before:  WALKER, Chief Judge, CARDAMONE and KEITH, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Debra A. Karlstein, New York, NY, for Defendant-Appellant., Miriam E. Rocah, Assistant United States Attorney, and Gary Stein, Assistant United States Attorney (on the brief), for David N. Kelley, United States Attorney for the Southern District of New York, for Appellee.