United States v. Melgen, No. 18-10991 (11th Cir. 2020)Annotate this Case
The Eleventh Circuit affirmed the district court's judgment and defendant's conviction of 67 counts out of a 76 count indictment broadly alleging that he operated a multi-year scheme to defraud Medicare. Defendant raised numerous issues on appeal.
The court held that the district court did not err in refusing to give defendant's proposed jury instruction and that any alleged error would have been harmless. The court also held that the district court was well within its discretion in allowing the introduction of summary charts comparing defendant's billing to peer physicians. The court rejected defendant's miscellaneous arguments concerning his trial and held that the evidence was sufficient to support defendant's convictions on all counts. The court also rejected defendant's claims for a new trial under Brady and Federal Rule of Criminal Procedure 33. Finally, the court held that defendant's sentence was procedurally and substantively reasonable where the district court did not clearly err in calculating the loss amount; the district court did not clearly err in reaching its final loss determination; and the district court considered the 18 U.S.C. 3553(a) sentencing factors.