United States Fifth Circuit

A doctor's convictions for mail and health care fraud are affirmed and sentence vacated and remanded where: 1) two proposed jury instructions were properly denied; 2) there was sufficient evidence of an effect on interstate commerce to support the convictions; but 3) the amount-of-loss calculation used in sentencing did not discount the actual loss by the value of the drugs dispensed by defendant.

Appellate Information

• Decided 09/18/2008
• Published 09/18/2008

Judges

• JERRY E. SMITH, Circuit Judge:, Before SMITH, WIENER, and HAYNES, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• John Richard Berry (argued), and James Lee Turner, Asst. U.S. Attys., Houston, TX, for U.S., Marjorie A. Meyers, Fed. Pub. Def., Molly E. Odom, Philip G. Gallagher (argued), Houston, TX, for Klein.