United States v. Bane, No. 11-14158 (11th Cir. 2013)
Annotate this CaseDefendant appealed his sentence after being convicted of Medicare and Medicaid health care fraud charges. The court concluded that the district court correctly imposed a 20-level loss enhancement under U.S.S.G. 2B1.1(b)(1) for crimes involving loss between $7,000,001 and $20,000,000; a 6-level victims' enhancement under U.S.S.G. 2B1.1 because there were 270 victims in total; and the two-level, sophisticated-means enhancement under U.S.S.G. 2B1.1(b)(9)(C). The court held, however, that the district court erred in failing to exclude the value of medically necessary goods victims actually received in its restitution. Accordingly, the court vacated the restitution order and remanded for a recalculation because the restitution schedule on which the district court relied did not distinguish between medically necessary and unnecessary oxygen. The court also vacated the district court's imposition of a $3 million fine and remanded for resentencing with respect to the fine amount.
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