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U.S. v. BANE

No. 11-14158.

720 F.3d 818 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Ben BANE, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

June 28, 2013.

Attorney(s) appearing for the Case

Todd B. Grandy , Judy K. Hunt, I.   Randall Gold , Robert E. O'Neill , Thomas Nelson Palermo , Josephine W. Thomas , Christopher P. Tuite , U.S. Atty.'s Office, Tampa, FL, for Plaintiff-Appellee.

James E. Felman , Clarisse Moreno , Katherine Earle Yanes , Kynes Markman & Felman, PA, Edward John Page , Carlton Fields, PA, Tampa, FL, David B. Smith , English & Smith, Alexandria, VA, for Defendant-Appellant.

Before JORDAN and KRAVITCH, Circuit Judges, and ALBRITTON, District Judge.

KRAVITCH, Circuit Judge:

Ben Bane was convicted after a jury trial of one count of conspiracy to commit health care fraud, in violation of 18 U.S.C. §§ 287, 371, 1001, and 1347; five counts of health care fraud, in violation of 18 U.S.C. §§ 2 and 1347; and four counts of making false claims against the government, in violation of 18 U.S.C. §§ 2 and 287. Bane appeals his sentence, arguing that the district court: (1) improperly calculated...

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