No. 16-2611.

884 F.3d 318 (2018)

UNITED STATES of America, Plaintiff-Appellee, v. Hatem ATAYA, M.D., Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 2, 2018.

Attorney(s) appearing for the Case

COUNSEL ON BRIEF: Michael J. Stengel , Stengel Law Firm, Memphis, Tennessee, for Appellant. Patricia Gaedeke , United States Attorney's Office, Detroit, Michigan, for Appellee.

MOORE, J., delivered the opinion of the court in which MERRITT, J., joined. BUSH, J. (pp. 326-31), delivered a separate dissenting opinion.


Hatem Ataya pleaded guilty to one count of conspiracy to commit healthcare fraud and wire fraud. His plea agreement included a waiver of his appeal rights. During his plea colloquy, Ataya acknowledged that he understood that he was waiving these rights. The district court, however, failed to comply...

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