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U.S. v. GUPTA

No. 08-12248.

572 F.3d 878 (2009)

UNITED STATES of America, Plaintiff-Appellant, v. Mahendra Pratap GUPTA, Cardinal Care, Inc., Marshal Medical Services, Inc., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

June 23, 2009.

Attorney(s) appearing for the Case

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

Neal R. Sonnett, Miami, FL, for Defendants-Appellees.

Before BARKETT and PRYOR, Circuit Judges, and EDENFIELD, District Judge.

PRYOR, Circuit Judge:

This third appeal by the United States, see United States v. Gupta (Gupta II), 463 F.3d 1182, 1188 (11th Cir.2006); United States v. Gupta (Gupta I), 363 F.3d 1169, 1170 (11th Cir.2004), involves fundamental errors about the resentencing of Mahendra Gupta, who was convicted a decade ago of Medicare fraud involving millions of dollars, and an overarching...

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