Legal Opinion

UNITED STATES of America, Plaintiff-Appellee, v. David W. SUBA, Managed Risk Services, Dennis J. Kelly, Defendants-Appellants

Court of Appeals for the Eleventh Circuit

Decided January 9, 1998No. 95-9408PublishedCited by 55 opinions

1Opinion of the Court

HILL, Senior Circuit Judge:

Jointly tried and convicted by a jury in a complex Medicare fraud scheme, Appellants Dennis J. Kelly, David W. Suba, and Managed Risk Services, Inc. (Managed Risk) appeal their convictions and sentences on a number of grounds, including insufficiency of the evidence, trial court error in denying Kelly’s requested jury charges and motion for a new trial, and sentencing, restitution, and forfeiture errors. 1 We reverse Kelly’s conviction only as to Counts 131 and 132 for insufficient evidence and remand his case for re-sentencing in accordance with this opinion. In…

2Cases cited31 opinions

  1. Jackson v. VirginiaSupreme Court of the United States · 1979
  2. Glasser v. United StatesSupreme Court of the United States · 1942
  3. Griffin v. United StatesSupreme Court of the United States · 1991
  4. United States v. George WuagneuxCourt of Appeals for the Eleventh Circuit · 1982
  5. Good Luck Nursing Home, Inc. D/B/A Magnolia Gardens Nursing Home v. Patricia R. Harris, Secretary of Health, Education and WelfareCourt of Appeals for the D.C. Circuit · 1980

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3Cited by55 opinions

  1. United States v. WhiteCourt of Appeals for the Sixth Circuit · 2007
  2. United States v. VealCourt of Appeals for the Eleventh Circuit · 1998
  3. United States v. Raul Trujillo, Francisco Nelson FuentesCourt of Appeals for the Eleventh Circuit · 1998
  4. United States v. CampaCourt of Appeals for the Eleventh Circuit · 2008
  5. United States v. Ronald Francis CroteauCourt of Appeals for the Eleventh Circuit · 2016

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