United States Sixth Circuit

Defendant-physician's convictions for various health care fraud-related offenses are affirmed over claims that: 1) his Sixth Amendment right to present his own witnesses and establish his defense was violated by the government's ensuring that two primary defense witnesses would not be available to testify at trial; 2) the district court erred by refusing to admit exculpatory hearsay statements made by a codefendant; and 3) there was insufficient evidence to support his convictions. However, his sentence is vacated and remanded pursuant to the government's claim that it was substantively unreasonable.

Appellate Information

• Decided 04/11/2008
• Published 04/11/2008

Judges

• Before:  MARTIN, SILER, and ROGERS, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Kimberly S. Hodde, Hodde & Associates, Nashville, Tennessee, for Appellant.  Jimmie Lynn Ramsaur, Assistant United States Attorney, Nashville, Tennessee, for Appellee.   ON BRIEF:  Kimberly S. Hodde, Hodde & Associates, Nashville, Tennessee, Richard J. Braun, Braun & Crotwell, PLLC, Nashville, Tennessee, for Appellant.  Jimmie Lynn Ramsaur, Assistant United States Attorney, Nashville, Tennessee, for Appellee.