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U.S. v. McMILLAN

No. 08-31148.

600 F.3d 434 (2010)

UNITED STATES of America, Plaintiff-Appellee-Cross-Appellant, v. Robert McMILLAN; Barry S. Scheur, Defendants-Appellants-Cross-Appellees.

United States Court of Appeals, Fifth Circuit.

March 11, 2010.

Attorney(s) appearing for the Case

Gaven Dall Kammer, Asst. U.S. Atty., New Orleans, LA, Vijay Shanker (argued), Dept. of Justice, Crim. Div., Washington, DC, for U.S.

Herbert V. Larson, Jr. (argued), Sara A. Johnson, Schonekas, Winsberg, Evans & McGoeu, L.L.C., New Orleans, LA, for Robert McMillan.

Shaun G. Clarke (argued), Gerger & Clarke, Houston, TX, James A. Brown, Kerry Ann Murphy, Liskow & Lewis, New Orleans, LA, for Barry Scheur.

Jeffrey A. Lovitky, Washington, DC, for American Council of Blind, Nat. Educational and Legal Defense Serv. for Blind.

Before REAVLEY, DAVIS and STEWART, Circuit Judges.

REAVLEY, Circuit Judge:

Barry Scheur and Robert McMillan appeal their convictions for conspiracy and substantive mail and wire fraud offenses in connection with the failure of a health maintenance organization (HMO) known as The Oath for Louisiana, Inc. They challenge the timeliness and sufficiency of the superseding indictment, and they raise several claims of trial error. The Government cross-appeals the reasonableness...

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