United States v. Roy, No. 15-2202 (7th Cir. 2016)
Annotate this CaseThe defendant was convicted for defrauding Medicare and Blue Cross Blue Shield by submitting claims for reimbursement for respiratory therapy that had not been provided and was sentenced to 75 months in prison and also ordered to pay restitution of some $2.5 million. Three days after the jury rendered its guilty verdict, a juror sent the court a three-page “report on jury misconduct.” It was a follow-on to a phone call, in which he’d told a staff member that he wanted to retract his vote to convict. The Seventh Circuit affirmed, rejecting his argument that his constitutional right to be tried by an impartial jury was violated because the judge refused to order the jurors to return to court for a hearing about alleged juror misconduct or to order a new trial. The court also upheld the application of a four-level enhancement for crimes involving more than 50 victims, U.S.S.G. 2B1.1(b)(2)(B), and a two-level increase in his offense level for abuse of a position of public or private trust. The patients, whose identification information was used, were victims, although they suffered no financial loss.
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