Legal Opinion
United States v. McClatchey
Court of Appeals for the Tenth Circuit
Decided June 13, 2000No. 99-3274PublishedCited by 80 opinions
1Opinion of the Court
MURPHY, Circuit Judge.
I. INTRODUCTION
After a jury convicted Dennis McClatchey of one count of conspiracy and one count of violating the Medicare Antikickback Act (the “Act”), the district court granted McClatchey’s motion for acquittal on both charges. The district court concluded there was insufficient evidence from which a reasonable jury could find McClatchey had a specific intent to violate the Act. Additionally, the district court ruled in the alternative that McClatchey would be entitled to a new trial based on prejudicial variances between the indictment and the case presented to the…
2Cases cited17 opinions
- Pinkerton v. United StatesSupreme Court of the United States · 1946
- United States Postal Service Board of Governors v. AikensSupreme Court of the United States · 1983
- Dunn v. United StatesSupreme Court of the United States · 1979
- John K. Lincoln v. Franklin Y.K. SunnCourt of Appeals for the Ninth Circuit · 1987
- Weese v. SchukmanCourt of Appeals for the Tenth Circuit · 1996
12 more not listed; retrieve them via the Exa API.
3Cited by80 opinions
- Searles v. Van BebberCourt of Appeals for the Tenth Circuit · 2001
- Smith v. Diffee Ford-Lincoln-Mercury, Inc.Court of Appeals for the Tenth Circuit · 2002
- United States v. VerbickasCourt of Appeals for the Tenth Circuit · 2006
- United States v. LaHueCourt of Appeals for the Tenth Circuit · 2001
- United States v. BedfordCourt of Appeals for the Tenth Circuit · 2008
75 more not listed; retrieve them via the Exa API.