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221275P.pdf   08/23/2023  United States  v.  Abdisalan Hussein
   U.S. Court of Appeals Case No:  22-1275
   U.S. District Court for the District of Minnesota   
[PUBLISHED] [Stras, Author, with Shepherd and Kobes, Circuit Judges] Criminal case - Criminal law. For the court's prior opinion in the matter, see United States v. Luna, 968 F.3d 922 (8th Cir. 2020), where the court vacated the restitution award for reexamination. On remand, the district court concluded that defendant qualified as a "runner" or recruiter for 53 of the 65 victims in the insurance fraud scheme, dropping the restitution award from $187,277 to $155,864; defendant appeals, arguing he owes no restitution. The district court's order is affirmed, and defendant's argument that he was not a runner in the scheme is rejected, as defendant was paid a fee for every patient he recruited for treatment and had reason to know, if not actual knowledge, that the service provider's purpose was to obtain payment under an auto insurance policy; neither of the exceptions in the applicable Minnesota fraud statute apply to defendant.