August 31st, 2019

US Court of Appeals for the Fifth Circuit Opinions
United States v. Kalu

Docket: 18-20399
Opinion Date: August 30, 2019
Judge: Kurt D. Engelhardt
Areas of Law: Criminal Law

The Fifth Circuit affirmed defendant's sentence for conspiracy to commit healthcare fraud. The court held that the district court did not err by applying a sentencing enhancement under USSG 2B1.1(b)(11)(C)(i) because defendant unlawfully used each of the beneficiaries' Medicare information (indisputably a means of identification) to produce fraudulent health care claims to bill Medicare. The court also held that the district court did not err by applying USSG 2B1.1(b)(2)(A)(i) because his fraud offense involved 10 or more Medicare beneficiaries.

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