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U.S. v. BOESEN

Nos. 06-3291, 07-2217.

541 F.3d 838 (2008)

UNITED STATES of America, Appellee/Cross-Appellant, v. Peter V. BOESEN, M.D., Appellant/Cross-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: September 8, 2008.

Attorney(s) appearing for the Case

Mary Clare Luxa, AUSA, argued, Des Moines, IA, for appellant/cross-appellee.

Guy Richard Cook, argued, Nicholas J. Mauro, on the brief, Des Moines, IA, for appellee/cross-appellant.

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

BENTON, Circuit Judge.

A jury convicted Peter V. Boesen of conspiracy to commit health care fraud in violation of 18 U.S.C. § 371 and eighty-two counts of health care fraud in violation of 18 U.S.C. § 1347. The district court sentenced Dr. Boesen to 51 months' imprisonment and three years of supervised release. Dr. Boesen appeals the convictions, the sentence enhancements, and the order of restitution. The government cross-appeals the judgment of acquittal...

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