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U.S. v. LIVESAY

No. 08-14712.

587 F.3d 1274 (2009)

UNITED STATES of America, Plaintiff-Appellant, v. Kenneth K. LIVESAY, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

November 16, 2009.

Attorney(s) appearing for the Case

Michael Boysie Billingsley, Ramona C. Albin, Birmingham, AL, for U.S.

Sam Heldman, The Gardner Firm, Washington, DC, for Livesay.

Before DUBINA, Chief Judge, and BIRCH and SILER, Circuit Judges.

DUBINA, Chief Judge:

I. BACKGROUND

A. The Fraud Conspiracy:

The charges filed against Defendant-Appellee Kenneth Livesay ("Livesay") arose out of a massive accounting fraud conspiracy at HealthSouth Corporation ("HealthSouth"), headquartered in Birmingham, Alabama. This massive fraud has been described in many of our previous decisions. See, e.g., United States v. Livesay, 484 F.3d 1324, 1326...

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