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United States v. McMillan

Appellants appeal their convictions for conspiracy and substantive mail and wire fraud offenses in connection with the failure of a health maintenance organization. They challenge the timeliness and sufficiency of the superseding indictment, and they raise several claims of trial error. The superseding indictment did not broaden the charges against the defendants and was both timely and sufficient. The district court did not abuse its discretion at sentencing. 5th U.S. Circuit Court of Appeals, No. 08-31148, 03-11-2010

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Published opinion

Before REAVLEY, DAVIS, and STEWART, Circuit Judges.

Barry Scheur and Robert McMillan appeal their convictions for conspiracy and substantive mail and wire fraud offenses in connection with the failure of a health maintenance organization (HMO) known as The Oath for Louisiana, Inc. They challenge the timeliness and sufficiency of the superseding indictment, and they raise several claims of trial error. The Government cross-appeals the reasonableness of the sentences imposed. We conclude that the superseding indictment did not broaden the charges against the defendants and was both timely and sufficient. We reject the defendants’ remaining claims and conclude that the district court did not abuse its discretion at sentencing. We therefore AFFIRM the district court’s judgments in all respects.

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