Legal Opinion

United States v. McMillan

Court of Appeals for the Fifth Circuit

Decided March 11, 2010No. 08-31148PublishedCited by 85 opinions

1Opinion of the Court

REAVLEY, Circuit Judge:

Barry Scheur and Robert McMillan appeal their convictions for conspiracy and substantive mail and wire fraud offenses in connection with the failure of a health maintenance organization (HMO) known as The Oath for Louisiana, Inc. They challenge the timeliness and sufficiency of the superseding indictment, and they raise several claims of trial error. The Government cross-appeals the reasonableness of the sentences imposed. We conclude that the superseding indictment did not broaden the charges against the defendants and was both timely and sufficient. We reject the…

2Cases cited57 opinions

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  2. Gall v. United StatesSupreme Court of the United States · 2007
  3. Chambers v. MississippiSupreme Court of the United States · 1973
  4. Drope v. MissouriSupreme Court of the United States · 1975
  5. Stirone v. United StatesSupreme Court of the United States · 1960

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3Cited by85 opinions

  1. United States v. Shukri BakerCourt of Appeals for the Fifth Circuit · 2011
  2. United States v. YieldingCourt of Appeals for the Eighth Circuit · 2011
  3. United States v. James BrooksCourt of Appeals for the Fifth Circuit · 2012
  4. United States v. Javier GuerreroCourt of Appeals for the Fifth Circuit · 2014
  5. United States v. Kendrick AkinsCourt of Appeals for the Fifth Circuit · 2014

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