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U.S. v. GIEGER

No. 98-60137.

190 F.3d 661 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. Jeffery W. GIEGER; Tracie L. Gieger, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

September 24, 1999.

Attorney(s) appearing for the Case

Richard Terrell Starrett, Asst. U.S. Atty., Robert Gilmon Anderson, Jackson, MS, for Plaintiff-Appellee.

Joel W. Hirschhorn, Coral Gables, FL, for Tracie L. Gieger.

Janice Burton Sharpstein, Sharpstein & Sharpstein, P.A., Miami, FL, for Jeffery W. Gieger.

Before REYNALDO G. GARZA, HIGGINBOTHAM and DAVIS, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

Defendants-Appellants Jeffery W. Gieger and Tracie L. Gieger (the "Giegers") challenge on a number of grounds their convictions for conspiracy to submit false claims to Medicare in violation of 18 U.S.C. § 286. For the reasons that follow, we affirm their convictions. However, we vacate their sentences and remand this case for resentencing.

I.

In 1992, the Giegers founded Gieger Transfer Service, Inc./Gieger Ambulance...

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