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U.S. v. LAZAR

No. 08-5653.

604 F.3d 230 (2010)

UNITED STATES of America, Plaintiff-Appellant, v. Rande H. LAZAR, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 4, 2010.

Attorney(s) appearing for the Case

ARGUED: Stephen C. Parker, Assistant United States Attorney, Memphis, Tennessee, for Appellant. Orin S. Kerr, George Washington University Law School, Washington, D.C., for Appellee. ON BRIEF: Stephen C. Parker, Kevin Whitmore, Assistant United States Attorneys, Memphis, Tennessee, for Appellant. Orin S. Kerr, George Washington University Law School, Washington, D.C., Steven E. Farese, Sr., Farese, Farese & Farese, P.A., Ashland, Mississippi, Marc N. Garber, The Garber Law Firm, P.C., Marietta, Georgia, Daniel A. Clancy, Clancy Law Firm, Jackson, Tennessee, for Appellee.

CARR, D.J., delivered the opinion of the court, in which GRIFFIN, J., joined. KETHLEDGE, J. (p. 242), delivered a separate concurring opinion.

OPINION

JAMES G. CARR, District Judge.

This is an appeal from an order granting the defendant's motion to suppress evidence seized from two medical offices. Following the searches, a grand jury indicted the defendant, Dr. Rande H. Lazar, a pediatric otolaryngologist, on 110 counts of health care fraud. A superceding indictment charges him with devising and executing a scheme to defraud and obtain money from health care benefit programs.

The defendant...

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