United States v. Eghobor, No. 14-11354 (5th Cir. 2015)
Annotate this CaseDefendant, a registered nurse, appealed his conviction for conspiracy to commit health care fraud stemming from his involvement in a plan to execute a home health care scheme that defrauded Medicare. The court concluded that the district court did not abuse its discretion by either deviating from the language of the pattern Allen charge or by deciding to give the Allen charge; the district court neither abused its discretion in complying with the jury’s request for the second trial transcript nor committed plain error by not giving a cautionary instruction when providing the transcript; the cumulative error doctrine does not apply in this case; the evidence was sufficient to prove that defendant knew of and participated in the home health care fraud; and the district court did not abuse its discretion in denying defendant's motion for a new trial based on a recording of the conversation at issue. Accordingly, the court affirmed the judgment.
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