United States v. De Leon, Jr., No. 12-40244 (5th Cir. 2013)Annotate this Case
Defendant was convicted of health-care fraud in connection with his durable medical equipment (DME) business. On appeal, defendant challenged his conviction and the district court's order of restitution. The court concluded that, in light of all the evidence, there was no meaningful probability that the jury would have acquitted defendant, even if it had heard his mother and another unidentified individual testify that defendant was law-abiding. Accordingly, such error was harmless and the court affirmed defendant's conviction. The court also concluded that, by calculating restitution on the basis of the presentence investigation report's exaggerated "ceiling," the district court indisputably awarded restitution for claims outside the scope of the charged conspiracy. Because doing so was plain error, the court vacated the restitution award and remanded for recalculation.