DISCLAIMER:  The following unofficial case summaries are prepared by the clerk's office
                        as a courtesy to the reader. They are not part of the opinion of the court.

183327P.pdf   06/26/2020  United States  v.  Dana Kidd, Jr.
   U.S. Court of Appeals Case No:  18-3327
                          and No:  18-3328
                          and No:  18-3558
   U.S. District Court for the District of Minnesota   
[PUBLISHED] [Colloton, Author, with Wollman and Kelly, Circuit Judges] Criminal case - Criminal law and sentencing. The evidence was sufficient to support the defendants' convictions for conspiracy to commit mail fraud and mail fraud in connection with their scheme to bill insurers for chiropractic services that were either not medically necessary or not performed; evidence of defendant Burke's use of runners to drum up business was material because services delivered after the use of runners are noncompensable under Minnesota law; giving force to the noncompenability provision of Minnesota law does not render another provision of the No-Fault Insurance act superfluous; no error in denying defendants' motions to strike references to the Minnesota anti-runner statute as surplusage in the original indictment; no error in rejecting defendants' requests for jury instructions that the runner payments were not material if the services rendered were reasonable and medically necessary as such an instruction misstated the law; instruction on scheme to defraud was not error in the context of the instructions as a whole; claim of government misconduct during rebuttal argument rejected; the court correctly determined the estimated loss from Burke's conduct in calculating his offense level; no error in imposing an enhancement for obstruction of justice under Guidelines Sec. 3C1.1 where the court concluded defendant Burke perjured himself at trial.