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U.S. v. STARKS

No. 96-3117.

157 F.3d 833 (1998)

UNITED STATES of America, Plaintiff-Appellee, Cross-Appellant, v. Angela F. STARKS, Defendant-Appellant, Andrew R. Siegel, Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Eleventh Circuit.

October 9, 1998.

Attorney(s) appearing for the Case

Miriam L. Sumpter, Tampa, FL, for Defendant-Appellant.

Arnold D. Levine, Levine, Hirsch, Segall & Northcutt, P.A., Tampa, FL, for Siegel.

Charles R. Wilson, U.S. Atty., Tamra Phipps, Terry A. Zitek and Susan H. Rothstein, Asst. U.S. Attys., Tampa, FL, Susan Humes Raab, Asst. U.S. Atty., Jacksonville, FL, for Plaintiff-Appellee, Cross-Appellant.

Before ANDERSON and BIRCH, Circuit Judges, and PAINE, Senior District Judge.

BIRCH, Circuit Judge:

Defendants Angela Starks and Andrew Siegel seek to overturn their convictions under the anti-kickback provision of the Social Security Act, 42 U.S.C. § 1320a-7b ("the Anti-Kickback statute"). Specifically, Starks and Siegel argue that the district court erred by refusing to instruct the jury concerning the relevant mens rea. In addition, Starks and Siegel contend that the Anti-Kickback statute is unconstitutionally vague. While denying...

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