Legal Opinion
United States v. Garrison
Court of Appeals for the Eleventh Circuit
Decided January 22, 1998No. 95-9361PublishedCited by 86 opinions
1Opinion of the Court
BIRCH, Circuit Judge:
In this Medicare fraud appeal, we determine whether the owner and chief executive officer of a home healthcare provider properly was accorded a two-level enhancement in her sentence under U.S.S.G. § 3B1.3 for abusing a position of public trust by submitting falsified Medicare claims to a fiscal intermediary. The district court also imposed a two-level enhancement for an aggravating, role in the offense under U.S.S.G. § 3Bl.l(c) and departed upward in calculating the fine. Because the two-level enhancement for abuse of a position of public trust was improper, we vacate the…
2Cases cited47 opinions
- Koon v. United StatesSupreme Court of the United States · 1996
- Stinson v. United StatesSupreme Court of the United States · 1993
- Williams v. United StatesSupreme Court of the United States · 1992
- Burns v. United StatesSupreme Court of the United States · 1991
- United States v. Alberto CalderonCourt of Appeals for the Eleventh Circuit · 1997
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3Cited by86 opinions
- United States v. GhertlerCourt of Appeals for the Eleventh Circuit · 2010
- United States v. OllisonCourt of Appeals for the Fifth Circuit · 2009
- United States v. WilliamsCourt of Appeals for the Eleventh Circuit · 2008
- United States v. Sean Hart, Neil White, Joseph Orlando, Lawrence WeilCourt of Appeals for the Third Circuit · 2001
- United States v. Charles W. Walker, Sr.Court of Appeals for the Eleventh Circuit · 2007
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