U.S. v. GUPTA

No. 02-16337.

363 F.3d 1169 (2004)

UNITED STATES of America, Plaintiff-Appellant, v. Mahendra Pratap GUPTA, Allegheny Management Company, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

March 29, 2004.


Attorney(s) appearing for the Case

Leif M. Johnson, Billings, MT, Anne R. Schultz, U.S. Atty., Miami, FL, for Plaintiff-Appellant.

Benedict P. Kuehne, Sale & Kuehne, P.A., Neal R. Sonnett, Kendall B. Coffey, Miami, FL, for Defendants-Appellees.

Before HULL, MARCUS and STAHL, Circuit Judges.


MARCUS, Circuit Judge:

In this complex Medicare fraud case, the United States appeals from the district court's order granting a judgment of acquittal or, alternatively, a new trial, after a jury had convicted Appellees on three counts of mail fraud and fraud against the government. The government argues that the district court lacked subject matter jurisdiction to issue the order because the motions were filed outside the time limits for post-verdict motions prescribed...

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