U.S. v. Refert, 8th Cir. Mar. 13, 2008
07-1158 U.S. v. Refert
U.S. District Court for the District of South Dakota
[PUBLISHED] [Smith, Author, with Riley and Bowman, Circuit Judges]
Criminal case - Criminal law and sentencing. Instructions properly
advised the jury of the essential elements of the offenses of health care
fraud and making a false claim against the United States; evidence was
sufficient to support conviction for making false claims; district court did
not err in including emergency room costs in defendant’s restitution
order; district court plainly erred in sentencing defendant to consecutive
terms of supervised release, and that portion of the sentence is reversed
and remanded for resentencing.
