U.S. v. McCLATCHEY

No. 01-3327.

316 F.3d 1122 (2003)

UNITED STATES of America, Plaintiff-Appellant, v. Dennis McCLATCHEY, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

January 16, 2003.


Attorney(s) appearing for the Case

Thomas M. Gannon, Attorney, Department of Justice, Washington, DC (James E. Flory, United States Attorney, District of Kansas, Tanya J. Treadway, Assistant United States Attorney, Kansas City, Kansas; William H. Bowne, Trial Attorney, Department of Justice, Washington, DC, with him on the briefs), for Plaintiff-Appellant.

Charles W. German of Rouse Hendricks German May PC, Kansas City, MO, for Defendant-Appellee.

Before HENRY, Circuit Judge, BRORBY, Senior Circuit Judge, and HARTZ, Circuit Judge.


HARTZ, Circuit Judge.

A jury convicted Dennis McClatchey, a hospital executive, of one count of conspiracy and one count of violating the Medicare Antikickback Act, for his role in the hospital's payments to two doctors for referring patients to the hospital. The district court granted McClatchey's post-verdict motion for judgment of acquittal on both charges. We reversed the district court's judgment in United States v. McClatchey, 217 F.3d...

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