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.
071158P.pdf 03/13/2008 USA v. Sosaeoleisah Refert
U.S. Court of Appeals Case No: 07-1158
U.S. District Court for the District of South Dakota
[PUBLISHED] [Smith, Author, with Riley and Bowman, Circuit
Judges]
Criminal case - Criminal law and sentencing. Instructions properly
advised the jury of the essential elements of the offenses of health care
fraud and making a false claim against the United States; evidence was
sufficient to support conviction for making false claims; district court did
not err in including emergency room costs in defendant's restitution
order; district court plainly erred in sentencing defendant to consecutive
terms of supervised release, and that portion of the sentence is reversed
and remanded for resentencing.