United States Fifth Circuit

Convictions for healthcare fraud are affirmed where defendant provided patients with motorized scooters while billing Medicare for more expensive motorized wheelchairs. His sentence was improperly enhanced, however, because there is no indication that he was a joint undertaker in his supporter's own fraudulent medical-equipment company.

Appellate Information

• Decided 01/07/2009
• Published 01/07/2009

Judges

• EMILIO M. GARZA, Circuit Judge:, Before WIENER, GARZA, and DeMOSS, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Susan B. Cowger (argued), Dallas, TX, for U.S., Lydia M. Brandt (argued), The Brandt Law Firm, Richardson, TX, for Ekanem.