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MORGAN v. SEBELIUS

No. 10-2270.

694 F.3d 535 (2012)

Breton Lee MORGAN, M.D., Plaintiff-Appellant, v. Kathleen SEBELIUS, Secretary of Department of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: June 14, 2012.

Attorney(s) appearing for the Case

ARGUED: James Michael Casey , Point Pleasant, West Virginia, for Appellant. Daniel Tenny , United States Department of Justice, Washington, D.C., for Appellee. ON BRIEF: William B. Schultz , Acting General Counsel, Catherine L. Hess , Senior Counsel, Department of Health and Human Services, Washington, D.C.; Tony West , Assistant Attorney General, Michael S. Raab , United States Department of Justice, Washington, D.C.; R. Booth Goodwin II , United States Attorney, Charleston, West Virginia, for Appellee.

Affirmed by unpublished PER CURIAM opinion.

OPINION

PER CURIAM:

Breton Lee Morgan appeals a district court order dismissing his action challenging the decision of the Secretary of the United States Department of Health and Human Services ("the Secretary") to exclude him for five years from participating in Medicare, Medicaid, and all other federally sponsored health care programs pursuant to the applicable terms of 42 U.S.C.A. § 1320a-7(a)(3) (West 2011). Finding no error, we affirm.

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