United States Fourth Circuit

District court's conviction and sentence of defendant, an owner of a medical transportation services provider, for health care fraud and aggravated identity theft is affirmed where: 1) the district court did not err in ruling that defendant's use of Medicaid patients' identifying information was without lawful authority and violated section 1028A(a)(1); and 2) the district court did not err in imposing a two-level enhancement to defendant's Guidelines' offense level for abuse of trust.

Appellate Information

• Argued 12/02/2009
• Decided 01/25/2010
• Published 01/25/2010

Judges

• Before NIEMEYER and AGEE, Circuit Judges, and JOHN PRESTON BAILEY, ChiefUnited States District Judge for the Northern District of West Virginia, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:John Britton Russell, Jr., Durrettebrad-Shaw, PLC, Midlothian, Virginia, for Appellant. Joseph Errington Atkinson, Office of the Attorney General of Virginia, Richmond, Virginia, for Appellee. ON BRIEF:Dana J. Boente, Acting United States Attorney, Alexandria, Virginia, Richard D. Cooke, Assistant United States Attorney, Office of the United States Attorney, Richmond, Virginia, for Appellee.