United States v. Mahmood, No. 15-40521 (5th Cir. 2016)
Annotate this CaseDefendant was convicted of one count of conspiracy to commit health care fraud, seven counts of health care fraud, and seven counts of aggravated identity theft. Defendant was sentenced to 135 months' imprisonment and ordered to pay $599,128.02 in restitution. The court concluded that there was sufficient evidence to convict defendant of the charges, and the district court did abuse its discretion in denying defendant's motion for a new trial without first holding an evidentiary hearing where defendant's arguments rest on either non-exculpatory testimony or conclusory assertions. However, the court concluded that the district court abused its discretion by calculating the total loss suffered by the victims because the district court procedurally erred by failing to credit defendant for the fair market value of legitimate health care services that his hospitals rendered to patients. Therefore, the court vacated defendant's sentence, as well as the restitution order. The court remanded for resentencing.
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