United States v. Rodriguez Nerey

The Eleventh Circuit affirmed defendant's conviction and sentence stemming from his role as a patient recruiter and his receipt of kickbacks in a complex health care fraud scheme. The court held that the evidence was sufficient to convict defendant of conspiracy to defraud the United States by paying and receiving health care kickbacks, and receipt of kickbacks in connection with a federal health care program; challenged comments made by the prosecution did not amount to reversible misconduct; the district court did not abuse its discretion by denying defendant's motion to interview the juror; the district court did not err by admitting Federal Rule of Evidence 404 evidence; and the district court did not err by imposing a sixteen-level sentence enhancement pursuant to USSG 2B4.1(b)(1)(B) and 2B1.1(b)(1)(I) because the benefit conferred by the conspiracy was between $1,500,000 and $3,500,000. View "United States v. Rodriguez Nerey" on Justia Law