United States Second Circuit

Defendant's Medicare fraud sentence is vacated where the district court overlooked an alternate means of determining which sentencing provision under U.S.S.G. section 2S1.1(a) applied to the charges against defendant.

Appellate Information

• Decided 08/18/2009
• Published 08/18/2009

Judges

• B.D. PARKER, Jr., Circuit Judge:, Before:  CALABRESI and B.D. PARKER, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Peter Goldberger (Pamela A. Wilk, on the brief), Ardmore, PA;  L. Barrett Boss, Nicole Angarella, Cozen O'Connor, P.C., Washington, DC, for Defendant-Appellant., Michael C. Olmsted, Assistant United States Attorney (Brenda K. Sannes, Stephen C. Green, Assistant United States Attorneys, on the brief), for Andrew T. Baxter, Acting United States Attorney for the Northern District of New York, Syracuse, NY, for Appellee.