United States Fifth Circuit

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US v. Ogba, 06-10519

Defendants' convictions and sentences resulting from a scheme involving billing Medicare for false prescriptions for wheelchairs are affirmed in part over claims of error regarding: 1) whether the circuit court abused its discretion in refusing to provide defendants with a copy of a colloquy between a recruiter and the judge; 2) a refusal to admit an e-mail about the recruiter into evidence; 3) cumulative errors regarding the recruiter's testimony; 4) a Confrontation Clause claim, and whether any such error was harmless; 5) a deliberate ignorance instruction; 6) whether the indictment was void; and 7) whether the indictment failed to allege an offense enumerated in the Constitution. One defendant's sentence is reversed and remanded based on a claim that his convictions under the health care fraud and illegal remuneration statutes were multiplicitous and violated double jeopardy.

Appellate Information

  • Decided 04/24/2008
  • Published 04/25/2008

Judges

  • PATRICK E. HIGGINBOTHAM, Circuit Judge:, Before HIGGINBOTHAM, DAVIS and SMITH, Circuit Judges.

Court

  • United States Fifth Circuit

Counsel

  • For Appellant:
  • Susan B. Cowger, Dallas, TX, Delonia Anita Watson (argued), Fort Worth, TX, for U.S., Ignatius Chuka Ogba, Oakdale, TX, pro se., Ifeanyi Boniface Ogba, Oakdale, TX, pro se., Franklyn Ray Mickelsen, Jr. (argued), Broden & Mickelson, Dallas, TX, for Antoon.