United States Sixth Circuit

Defendant's conviction for worker's compensation fraud is affirmed where: 1) there was sufficient evidence that Defendant faked the severity of his injuries; and 2) Defendant's denial of guilt under oath subjected him to a sentence enhancement under U.S.S.G. section 3C1.1. Sentence is reversed, where the restitution award overstated the loss Defendant caused.

Appellate Information

• Decided 02/27/2009
• Published 02/27/2009

Judges

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Gregory J. Rufo, Rufo Law Firm, Canton, Ohio, for Appellant.  Phillip J. Tripi, Assistant United States Attorney, Cleveland, Ohio, for Appellee.   ON BRIEF:  Gregory J. Rufo, Rufo Law Firm, Canton, Ohio, for Appellant.  Phillip J. Tripi, Assistant United States Attorney, Cleveland, Ohio, for Appellee.