United States v. Wijegoonaratna, No. 17-50255 (9th Cir. 2019)Annotate this Case
Defendant appealed his conviction and sentence for seven counts of health care fraud. The Ninth Circuit affirmed defendant's conviction, holding that the prosecutor's statement—that the office staff completing the intake form copied defendant's history and physical—was not improper. Therefore, the district court did not err in overruling defendant's objection to the prosecutor's statement. The panel also held that the district court satisfied Federal Rule of Criminal Procedure 32's required factual findings on the loss calculation; sufficient evidence supported the district court's finding that defendant intended the loss amounts underlying his sentencing enhancements; and the district court did not plainly err by applying an enhancement under USSG 3C1.3 for committing a crime while on supervised release. However, the district court violated the ex-post facto clause by sentencing defendant under the 2016 Sentencing Guidelines Manual on the six counts arising from conduct that occurred before the Guidelines Manual revision. Accordingly, the court vacated the sentence in part and remanded for further proceedings.