United States v. Shoemaker, et al., No. 12-60754 (5th Cir. 2014)
Annotate this CaseDefendants Garner and Shoemaker were charged with various federal crimes arising from a bribe and kickback scheme involving a community hospital. In No. 12-60754, the Government appealed the district court's judgments of acquittal and grants of new trials for defendants. In No. 12-60791, Defendant Shoemaker appealed the district court's denial of his motion for judgment of acquittal or new trial on the remaining counts, of which he alone was convicted. The court concluded that the evidence was sufficient to support the convictions under Count One, conspiring to violate 18 U.S.C. 666 by committing federal program bribery; Count Two, federal program bribery in violation of section 666; Count Four, the conspiracy to pay kickbacks to Shoemaker; and Count Five, healthcare fraud in violation of 32 U.S.C. 1320a-7b(b)(2)(B). Because the district court has no power to grant a new trial under Rule 33 on a basis not raised by the defendant, the district court abused its discretion in granting a new trial on these grounds. Because the jury instructions adequately explained all requisite elements of liability under section 1320a-7b(b)(2)(B), and because the evidence did not preponderate heavily against the verdict, the interest of justice did not require a new trial. Because the court concluded that sufficient evidence supported Shoemaker's remaining convictions, and otherwise found no errors warranting reversal or a new trial, the court affirmed Shoemaker's convictions on Counts Three and Counts Six through Twelve. Accordingly, the court vacated the district court's grants of defendants' motions for judgment of acquittal and new trial; affirmed Shoemaker's other convictions; and remanded for reinstatement of the jury verdict and for sentencing.
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