United States v. Thurston

HOWARD, Circuit Judge.

This, the third review of William Thurston’s sentence, was necessitated by the Supreme Court’s decision in United States v. Gall, — U.S. -, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007). We affirm the sentence.

I

To say that the journey of this case has been arduous for the parties involved would be an understatement. For present purposes, the background facts may be briefly sketched. 1

A jury convicted Thurston of conspiring to defraud the Medicare program of more than five million dollars. At Thurston’s sentencing, the district court applied the sentencing guidelines which…