082245P.pdf   08/03/2009  United States  v.  Chante Hayes
   U.S. Court of Appeals Case No:  08-2245
                          and No:  08-2296
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Shepherd, Author, with Loken, Chief Judge, and Wollman,
   Circuit Judge]
   Criminal case - criminal law and sentencing. Superceding indictment
   was sufficient to state the offense of health care fraud conspiracy,
   and the district court did not err in denying defendant Hayes's motion
   to dismiss for lack of jurisdiction; Batson challenge rejected as the
   government provided a race-neutral ground for the strike; no error in
   giving a deliberate ignorance instruction; evidence was sufficient to
   support defendant Hayes' conviction for health care fraud; however,
   the evidence was insufficient to show that defendant violated 18 U.S.C.
   Sections 1035 and 2 by making a false statement relating to health care
   matters, and her conviction on that count is reversed; the district
   court did not err in imposing a two-level enhancement under Guidelines
   Sec. 3B1.1(c) for a supervisory role in the offense; however, the court
   did err in imposing an enhancement under Guidelines Sec. 3B1.3 for abuse
   of a position of trust as Hayes's relationship with Medicaid did not
   go beyond an ordinary commercial relationship; evidence was sufficient
   to support defendant Silvers's conviction for health care fraud; district
   court did not err in referring the jury back to the instructions when it
   submitted a question on the evidence to be considered; no error in
   calculating the amount of loss for the purpose of determining Silvers's
   offense level