UNITED STATES v. ADKINS

No. 80-1608.

683 F.2d 1289 (1982)

UNITED STATES of America, Plaintiff/Appellee, v. Morris Pardee ADKINS, M.D., and Franklin Dalano Holefield, Defendants/Appellants.

United States Court of Appeals, Ninth Circuit.

Decided August 13, 1982.


Attorney(s) appearing for the Case

Maurice Harwick, Encino, Cal., for defendants-appellants.

Robert A. Pallemon, Los Angeles, Cal., for plaintiff-appellee.

Before BROWNING and FLETCHER, Circuit Judges, and VON DER HEYDT, District Judge.


PER CURIAM:

Defendants Adkins and Holefield appeal their conviction for violation of both 42 U.S.C. § 1396h(b)(1)(A) (Supp. III 1979) (receiving kickbacks for medicaid referrals) and 18 U.S.C. § 371 (1976) (conspiracy). Our jurisdiction rests on 28 U.S.C. § 1291 (1976). We reverse.

Defendant Adkins, a medical doctor, allegedly received kickbacks from MSI Laboratories, a clinical laboratory, for referring his medicaid and medi-cal patient lab...

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