United States v. Barson, Jr., No. 15-20416 (5th Cir. 2016)Annotate this Case
Defendants were convicted of conspiracy to commit health care fraud and several substantive counts of health care fraud. The court concluded that the evidence was sufficient to convict defendants; the district court did not abuse its discretion in giving the deliberate ignorance instruction; the district court did not abuse its discretion by rejecting defendants' proposed instruction on the object of the conspiracy; and the court rejected defendant's numerous evidentiary objections. The court concluded that the district court did not err in applying an enhancement under USSG 2B1.1 and USSG 3C1.1. Finally, in regard to claims of prosecutorial misconduct, the court found no error by the district court. Accordingly, the court affirmed the judgment.
The court issued a subsequent related opinion or order on December 29, 2016.