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.