United States Ninth Circuit

Conviction and sentence for participating in a scheme to defraud Medicare and money laundering is affirmed over defendant's allegations of error in: 1) omission of the word "willfully" from the portion of the indictment alleging violations of 18 U.S.C. section 1347; 2) a multiplicitous indictment; 3) jury instructions stating that the jury need not find that Defendant knew his conduct was unlawful; and 4) application of a sentencing enhancement for creating a risk of serious bodily injury or death.

Appellate Information

• Argued 11/18/2008
• Decided 01/12/2009
• Published 01/12/2009

Judges

• Before:  SUSAN P. GRABER and RICHARD R. CLIFTON, Circuit Judges, and EDWARD C. REED, JR., District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Charles M. Sevilla, San Diego, CA, for the defendant-appellant., Douglas F. McCormick, Assistant United States Attorney, Santa Ana, CA, for the plaintiff-appellee.