United States v. Sosa, No. 13-13171 (11th Cir. 2015)
Annotate this CaseDefendant appealed his conviction and sentence for one count of conspiracy to commit health care fraud; eight counts of health care fraud; one count of conspiracy to pay health care kickbacks; and three counts of payment of kickbacks in connection with a federal health care program. The court concluded that the evidence was sufficient to convict defendant of the offenses; defendant failed to show that the district court plainly erred by allowing the government to make the statements he claims amount to improper vouching; defendant failed to show any error with regard to the prosecutor's statements that allegedly amounted to improper expressions of personal opinion; defendant failed to show that the district court plainly erred by allowing the prosecutor to make the statements that he claims improperly exhorted the jury to return a guilty verdict on the basis of inflammatory and improper considerations; and the district court did not err by applying two increases to his base offense level when calculating defendant's advisory guidelines range. Accordingly, the court affirmed the convictions and sentences.
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