UNITED STATES of America, Plaintiff-Appellee, v. Robert Charles DAVIS, Defendant-Appellant

BRORBY, Circuit Judge.

Defendant-Appellant Dr. Robert Charles Davis appeals his convictions for filing false claims with the United States and for mail fraud as well as the district court’s order of restitution. Our jurisdiction arises under 28 U.S.C. § 1291, and we affirm in part and remand in part.

BACKGROUND

A federal grand jury for the District of Utah issued a forty-one count indictment against Dr. Davis, a medical doctor, charging him with filing false claims and mail fraud in violation of 18 U.S.C. § 287 and 18 U.S.C. § 1341, respectively. The government’s theory at trial regarding the…