United States v. Jones, No. 12-30807 (5th Cir. 2013)
Annotate this CaseDefendants Henry and Chikenna Jones were convicted of Medicare fraud charges. The government indicted Henry in three separate cases: the Ngari case; the Jones case; and the McKenzie case. Chikenna was indicted in the Jones and McKenzie cases. The court concluded that Henry's prosecution in the McKenzie case did not violate the Double Jeopardy Clause where the conspiracies in the Ngari and the McKenzie cases were two separate conspiracies. Further, the court concluded that there was no multiplicity violation. In regards to Chikenna, the court concluded that the district court did not violate her constitutional right to choose her retained counsel when it denied her motions for substitution of counsel where the needs of fairness and the demands of the court's calendar weighed against granting the substitution. Accordingly, the court affirmed the judgment of the district court.
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