United States Eighth Circuit

In a prosecution for conspiracy to commit health care fraud and health care fraud, convictions, sentence enhancements, and an order of restitution are affirmed in part over claims that: 1) his Sixth Amendment Confrontation Clause rights were violated; 2) prosecutorial misconduct deprived him of a fair trial; 3) prejudicial statements by the district court deprived him of a fair trial; 4) the district court erred by failing to grant his motion for a judgment of acquittal on fifty-one counts; 5) the court erred in determining the loss amount; and 6) the court erred by applying a two-level sentence enhancement under U.S.S.G. section 3C1.1. However, the matter is reversed in part and remanded for further proceedings pursuant to the government's claim that a judgment of acquittal on a conspiracy count was improperly granted.

Appellate Information

• Decided 09/08/2008
• Published 09/08/2008

Judges

• BENTON, Circuit Judge., Before LOKEN, Chief Judge, GRUENDER and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellees:
  
• Mary Clare Luxa, AUSA, argued, Des Moines, IA, for appellant/cross-appellee., Guy Richard Cook, argued, Nicholas J. Mauro, on the brief, Des Moines, IA, for appellee/cross-appellant.