United States v. Woods, No. 15-1495 (7th Cir. 2015)
Annotate this CaseDefendant was found guilty of multiple counts of health care fraud, 18 U.S.C. 1347, and sentenced to 70 months in prison. The Seventh Circuit affirmed, rejecting defendant’s argument that the judge did not address one of his arguments for a lighter sentence—that after committing the fraud he landed an honest job and performed it in exemplary fashion, demonstrating that he has been rehabilitated. The court noted that, had the claims of Medicare reimbursement been paid in full, the government would have been out almost $3.5 million between 2006 and 2011; the government paid the fraudulent enterprise only $1.5 million. The judge correctly calculated a guidelines range of 70 to 87 months, and the sentence she imposed was at the bottom of the range. The judge questioned defendant about his rehabilitation claim and unquestionably was aware of it, but the argument bordered on the frivolous and the sentencing judge is not to be faulted for failing to explain why it was not a compelling reason for going below the bottom of the guidelines range.
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