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U.S. v. EKANEM

No. 06-11407.

555 F.3d 172 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Bassey Jackson EKANEM, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 7, 2009.

Attorney(s) appearing for the Case

Susan B. Cowger (argued), Dallas, TX, for U.S.

Lydia M. Brandt (argued), The Brandt Law Firm, Richardson, TX, for Ekanem.

Before WIENER, GARZA, and DeMOSS, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

Bassey Jackson Ekanem ("Ekanem") was convicted on five counts of healthcare fraud in violation of 18 U.S.C. § 1347. Ekanem now appeals, contending that (1) there was a fatal variance between Count Four of the indictment and the evidence presented at trial; (2) there was insufficient evidence to support a conviction on Count Five of the indictment; and (3) the district court erred in calculating his Guidelines range based on the...

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