United States v. Lozano, No. 14-40042 (5th Cir. 2015)
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Defendant pleaded guilty to Count Two of a thirteen-count indictment relating to a conspiracy to defraud Medicare and Medicaid. Count Two referred to a conspiracy involving “La Hacienda Clinic” that began “on or about” April 30, 2005. The district court ordered restitution based on losses traceable to both La Hacienda Clinic and Mission Clinic beginning on September 20, 2001. The government agreed that the district court committed plain error by ordering restitution based on losses that occurred prior to April 30, 2005, but
argued that the district court properly included losses traceable to the Mission Clinic conspiracy. The court concluded that the error in this case increased the restitution amount by more than $80,000 and merits correction. Accordingly, the court vacated the restitution order and remanded for recalculation of the restitution amount. The court affirmed the conviction and sentence.
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