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U.S. v. MARTINEZ

No. 17-20063.

921 F.3d 452 (2019)

UNITED STATES of America, Plaintiff-Appellee v. Benjamin MARTINEZ; Giam Nguyen; Anna Bagoumian; Donovan Simmons, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

April 16, 2019.

Attorney(s) appearing for the Case

Elizabeth Harper Danello , U.S. Department of Justice, James Inman Pearce , Trial Attorney, U.S. Department of Justice, Criminal Division, Washington, DC, Carmen Castillo Mitchell , Assistant U.S. Attorney, U.S. Attorney's Office, Southern District of Texas, Houston, TX, for Plaintiff-Appellee.

Jack Benjamin Zimmermann, Esq. , Jim E. Lavine, Esq. , Terri Raye Zimmermann, Esq. , Zimmermann, Lavine, Zimmermann & Sampson, P.C., for Defendant-Appellant BENJAMIN MARTINEZ.

Stanley G. Schneider , Schneider & McKinney, P.C., Houston, TX for Defendant-Appellant GIAM NGUYEN.

David P. Cunningham, Esq. , Houston, TX, Shaun Khojayan, Esq. , Trial Attorney, Law Offices of Shaun Khojayan & Associates, P.L.C., Los Angeles, CA, for Defendant-Appellant ANNA BAGOUMIAN.

David Adler , Bellaire, TX, for Defendant-Appellant DONOVAN SIMMONS.

Before DENNIS, OWEN, and SOUTHWICK, Circuit Judges.

All the defendants were convicted of conspiracy to commit health care fraud and several substantive counts of health care fraud. Individual defendants were convicted of different additional offenses. Defendants appeal, challenging the sufficiency of the evidence, the jury instructions, the exclusion of certain...

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