Legal Opinion

Medicare & Medicaid Guide P 45,987 United States of America v. Howard Davis

Court of Appeals for the Fifth Circuit

Decided January 13, 1998No. 97-60157PublishedCited by 43 opinions

1Opinion of the Court

EMILIO M. GARZA, Circuit Judge:

Howard Davis appeals his conviction for conspiracy to offer and pay inducements for Medicare patient referrals, in violation of 18 U.S.C. § 371, and two counts of offering and paying such inducements, in violation of 42 U.S.C. § 1320a-7b(b)(2)(A). Davis alleges that the district court erred in failing to give the jury certain requested instructions regarding the mental state required to violate the relevant statutes and also in admitting evidence of multiple, unrelated conspiracies. We affirm.

We review a district court’s refusal to give a requested instruction…

2Cases cited7 opinions

  1. United States v. David Lamar Faulkner, Spencer H. Blain, Jr., James L. Toler and Arthur FormannCourt of Appeals for the Fifth Circuit · 1994
  2. United States v. Marcus Morgan, Also Known as Red Ryan Jackson, Also Known as Anthony, Also Known as Tony Jarvis Wright, Also Known as JayeCourt of Appeals for the Fifth Circuit · 1997
  3. United States v. Antony Michael Upton, Santa Barbara Castle Development Corp., A/K/A Castle Construction Corp., and Ronald R. BarrickCourt of Appeals for the Fifth Circuit · 1996
  4. The Hanlester Network v. Donna E. Shalala, Secretary of the Department of Health and Human ServicesCourt of Appeals for the Ninth Circuit · 1995
  5. United States v. Jon D. Smithson and Billy D. PyronCourt of Appeals for the Fifth Circuit · 1995

2 more not listed; retrieve them via the Exa API.

3Cited by43 opinions

  1. United States v. GonzalesCourt of Appeals for the Fifth Circuit · 2006
  2. United States v. McClatcheyCourt of Appeals for the Tenth Circuit · 2000
  3. United States v. MorrowCourt of Appeals for the Fifth Circuit · 1999
  4. Fulgham v. StateMississippi Supreme Court · 2010
  5. United States v. Mansour SanjarCourt of Appeals for the Fifth Circuit · 2017

38 more not listed; retrieve them via the Exa API.

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