DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
031584P.pdf 07/27/2004 United States v. Kelley Anne Liveoak
U.S. Court of Appeals Case No: 03-1584
and No: 03-2029
and No: 03-1694
Western District of Missouri
Criminal case - criminal law. Defendant Dupont's claim that his guilty
plea included a provision that the government would dismiss all charges
against his daughter was not supported by the record, and the district
court did not err in denying his motion to withdraw his guilty plea due to
failure of consideration; joinder of Liveoak's case with two doctors
involved in the health care fraud scheme was not error; evidence was
sufficient to support Liveoak's conviction, and the district court did not
err in denying her motion for acquittal; amount of loss assessed to
defendant Bazazzadegan remanded for further consideration as the record
is unclear as to how the district court arrived at the figure it adopted; in
calculating the amount of loss, district court did not err in refusing to
offset the government's losses with the amount it would have paid for
legitimate services.
[PUBLISHED] [Melloy, Author, with R. Arnold and Smith, Circuit Judges]