101117P.pdf   10/05/2011  United States  v.  Geff Yielding
   U.S. Court of Appeals Case No:  10-1117
   U.S. District Court for the Eastern District of Arkansas - Little Rock   
   [PUBLISHED] [Colloton, Author, with Loken, Circuit Judge, and
   Nelson, District Judge]
   Criminal case - criminal law. Admission of FBI agent's testimony about
   a purported loan was not error as the statement was not hearsay and was
   not testimonial; any error concerning admission of FBI agent's testimony
   regarding employment status of a person involved in the kickback scheme
   was harmless; no error in admitting evidence under Rule 404(b) that
   defendant stole funds from previous employers in the healthcare industry;
   even if count I language charging violation of the anti-kickback statute
   was duplicitous, any error was cured by the court's limiting instruction;
   count was not barred by the statute of limitations; district court did not err
   in refusing to hold an evidentiary hearing on defendant's motion to
   suppress; no error in denying granting a motion to quash by the attorneys
   who represented defendant's deceased wife as the information defendant
   sought to present at trial was protected by the attorney-client privilege
   which defendant, as her personal representative, could not waive under
   these circumstances; no error in jury instructions on the anti-kickback
   charge; challenges to conviction for violating 28 U.S.C. Sec. 1519
   rejected as the statute does not violate the Due Process clause of the Fifth
   Amendment, and the evidence was sufficient to support conviction for
   violating the statute; district court erred in calculating the amount of loss
   under Guidelines Sec. 2B4.1 when it used the loss to the victims, rather
   than the benefit to defendant, as the measure of loss; no error in imposing
   enhancements under Guidelines Sec. 3C1.1 and 3B1.1(c); restitution order
   vacated.