United States v. Rodriguez-Rivera

KAYATTA, Circuit Judge.

*33 A United States grand jury indicted three doctors and three employees of a durable medical equipment ("DME") supplier in Puerto Rico on counts of health care fraud and conspiracy to commit health care fraud, under 18 U.S.C. §§ 1347 and 1349, and aggravated identity theft under 18 U.S.C. § 1028A. The district court dismissed the aggravated identity theft counts because it agreed with the defendants that the facts alleged in the indictment did not adequately make out a case for aggravated identify theft. The government now appeals, contending both that the indictment's…