United States Sixth Circuit

Conviction and sentence of an anesthesiologist, who had operated a pain-management clinic, for health care fraud and related crimes is affirmed where: 1) any error in admitting a video of a doctor performing certain medical procedures was harmless given the overwhelming evidence that defendant was not performing medically necessary procedures and that the procedures were not those for which he was billing, and also considering the weak evidence to the contrary; 2) defendant's claim that admission of the video violated the Confrontation Clause is rejected; 3) there is sufficient evidence to support defendant's conviction for health care fraud under 18 U.S.C. section 1347; 4) there was sufficient evidence for a jury to conclude that defendant committed mail and wire fraud; 5) there is sufficient evidence to to conclude that defendant proximately caused the deaths of two patients; 6) any error in admitting testimony of an addiction specialist was harmless; and 7) defendant's sentence is procedurally and substantively reasonable.

Appellate Information

• Decided 12/01/2009
• Published 12/01/2009

Judges

• Before:  KEITH, COLE, and WHITE, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Jonathan P. Witmer-Rich, Federal Public Defender's Office, Cleveland, Ohio, for Appellant.  Nina Goodman, United States Department of Justice, Washington, D.C., for Appellee.   ON BRIEF:  Jonathan P. Witmer-Rich, Federal Public Defender's Office, Cleveland, Ohio, for Appellant.   Nina Goodman, United States Department of Justice, Washington, D.C., for Appellee.