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U.S. v. BOESEN

No. 06-3290.

491 F.3d 852 (2007)

UNITED STATES of America, Plaintiff-Appellant, v. James F. BOESEN, Jr., Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: June 22, 2007.

Rehearing and Rehearing Denied July 30, 2007.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant AUSA Mary Clare Luxa, Des Moines, Iowa.

Counsel who presented argument on behalf of the appellee was Mark E. Weinhardt, Des Moines, Iowa. Also appearing on the brief is Matthew C. McDermott, Des Moines, Iowa.

Before LOKEN, Chief Judge, GRUENDER, and BENTON, Circuit Judges.

Rehearing and Rehearing En Banc Denied July 30, 2007.*

BENTON, Circuit Judge.

A jury convicted James F. Boesen, Jr., of one count of conspiracy and 81 counts of health care fraud, under 18 U.S.C. §§ 371, 1347. The district court granted Mr. Boesen's motion for acquittal on all counts.1 The government appeals. Having jurisdiction under 18 U.S.C. § 3731, this court reverses the judgment...

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