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U.S. v. GARRISON

No. 95-9361.

133 F.3d 831 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. Jeanette G. GARRISON, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

January 22, 1998.

Attorney(s) appearing for the Case

David E. Hudson, Hull, Towill, Norman & Barrett, Augusta, GA, Craig A. Gillen, Atlanta, GA, for Defendant-Appellant.

Vicki S. Marani, U.S. Dept. of Justice, Crim. Div., Appellate Section, Washington, DC, for Plaintiff-Appellee.

Before HATCHETT, Chief Judge, BIRCH, Circuit Judge, and CLARK, Senior Circuit Judge.

BIRCH, Circuit Judge:

In this Medicare fraud appeal, we determine whether the owner and chief executive officer of a home healthcare provider properly was accorded a two-level enhancement in her sentence under U.S.S.G. § 3B1.3 for abusing a position of public trust by submitting falsified Medicare claims to a fiscal intermediary. The district court also imposed a two-level enhancement for an aggravating role in the offense under U.S.S.G. § 3B1.1(c) and departed...

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