United States Eighth Circuit

Defendant's conviction and sentence for offenses involving health care fraud and false claims against the United States are affirmed in part and reversed in part where: 1) trial court committed no plain error in its jury instructions and sufficient evidence existed to support a reasonable jury's guilty verdict; 2) there was no error as to a restitution order which included the cost of services provided during defendant's emergency room visits; but 3) the district court plainly erred in sentencing defendant to consecutive supervised release terms.

Appellate Information

• Decided 03/13/2008
• Published 03/13/2008

Judges

• SMITH, Circuit Judge., Before RILEY, BOWMAN, and SMITH, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Thomas W. Clayton, argued, Sioux Falls, SD, for Appellant.


• For Appellees:
  
• Dennis R. Holmes, AUSA, argued, Sioux Falls, SD, for Appellee.