US v. Gupta, No. 08-12248

In the government's appeal from Defendant's sentence in a Medicare fraud prosecution, the sentence is vacated, where the District Court: 1) failed to calculate loss and erroneously reduced Defendant's offense level by two points for acceptance of responsibility; and 2) demonstrated great difficulty in putting aside his prior conclusions about the merits of this prosecution.

Read US v. Gupta, No. 08-12248

Appellate Information

Filed on June 23, 2009

Judges

Before BARKETT and PRYOR, Circuit Judges, and EDENFIELD, District Judge.

Opinion by Circuit Judge Pryor.