United States Ninth Circuit
US v. Adebimpe, 14-10303
In a case in which plaintiffs ran a conspiracy to defraud Medicare by providing power wheelchairs to people who did not need them, the district court's application of a sentence enhancement pursuant to U.S.S.G. section 3B1.3 for abuse of a position of trust is affirmed where medical equipment suppliers can have the requisite 'professional or managerial discretion' for the abuse-of-trust enhancement to apply, if they are responsible for determining the need for the equipment they provide and personally certify the validity of their claims to Medicare.
Appellate Information
- Decided
- Published 2016/04/28
Judges
- MURGUIA
Court
- United States Ninth Circuit