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.
063291P.pdf 09/08/2008 United States v. Peter Boesen
U.S. Court of Appeals Case No: 06-3291
and No: 07-2217
U.S. District Court for the Southern District of Iowa - Des Moines
[PUBLISHED] [Benton, Author, with Loken, Chief Judge, and
Gruender, Circuit Judge]
Criminal case - criminal law and sentencing. District court did not err
in ruling defendant could not introduce video evidence he created after
his indictment to cross-examine witnesses until after he took the stand, as
the ruling did not prejudice defendant because he was free to recall the
witnesses and chose not to; claim of prosecutorial misconduct rejected;
judge's comment outside the hearing of the jury was not ground for a new
trial; the court did not err in allowing the government to introduce charts
summarizing client billing; evidence was sufficient to support conviction
for fraudulent health care billing; district court did not err in calculating
the amount of the loss caused by defendant's fraud; no error in imposing
an enhancement for obstruction of justice based on the court's conclusion
defendant perjured himself at trial; district court erred in granting
defendant's motion for a judgment of acquittal on the conspiracy count,
as the evidence presented by the government was sufficient to support the
conviction.