United States v. Carey, No. 72-1440.
| Court | United States Courts of Appeals. United States Court of Appeals (9th Circuit) |
| Writing for the Court | PER CURIAM |
| Citation | 475 F.2d 1019 |
| Parties | UNITED STATES of America, Plaintiff-Appellee, v. Brian CAREY, D.P.M., Defendant-Appellant. |
| Docket Number | No. 72-1440. |
| Decision Date | 19 March 1973 |
475 F.2d 1019 (1973)
UNITED STATES of America, Plaintiff-Appellee,
v.
Brian CAREY, D.P.M., Defendant-Appellant.
No. 72-1440.
United States Court of Appeals, Ninth Circuit.
March 19, 1973.
John P. Hanrahan, John G. Davies, Los Angeles, Cal., for defendant-appellant.
William D. Keller, U. S. Atty., Eric A. Nobles, Robert C. Bonner, Asst. U. S. Attys., Los Angeles, Cal., for plaintiff-appellee.
Before HAMLEY and WRIGHT, Circuit Judges, and POWELL,* District Judge.
PER CURIAM:
On June 25, 1971, the appellant, a podiatrist licensed under California law, was indicted in a nine-count indictment with violations of 18 U.S.C. § 1001. The indictment alleged offenses on nine different dates and charged the defendant with knowingly making false and fictitious statements to various insurance intermediaries acting as paying agents for the Social Security Administration for Medicare.
Prior to trial the Court dismissed Counts three, eight and nine. The trial commenced November 30, 1971. Following the trial the Court granted the defendant's motion for acquittal as to Counts one and two. After three days' deliberation the jury found the defendant
SUFFICIENCY OF THE EVIDENCE
In 1966 Congress enacted the medical insurance program called Medicare. The overall administration of the program was delegated to the Social Security Administration. That administration entered into contracts with insurance companies to pay the covered medical expenses. Occidental Life Insurance Company and Travelers Insurance Company were two of such "carriers". Medicare claims were submitted by physicians and others on a Request for Medicare Payment, Social Security Form 1490.
Appellant Brian Carey, a doctor of podiatric medicine in Los Angeles, California, submitted requests for medicare payments on Form 1490 to the insurance carriers as charged in Counts four and seven. The claims were for operations on two of his patients, which claims the Government alleged were false. In his brief the appellant argues the evidence in detail and asserts that it was not sufficient to warrant the finding of the jury convicting the appellant on the two counts from which this appeal is taken.
The jury found the appellant guilty on proper instructions. From an examination of the entire record it is determined that the evidence is sufficient to sustain the verdict of the jury. Since the Government is entitled to have the evidence viewed in the light most favorable to it, the verdict must be sustained on appeal. United States v. Knight, 416 F.2d 1181, 1183 (9 Cir. 1969).
MOTION FOR NEW TRIAL
A motion for new trial based upon newly discovered evidence is addressed to the Court's discretion and must meet certain well recognized requirements. They are enumerated in Lindsey v. United States, 368 F.2d 633, 634 (9 Cir. 1966)...
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U.S. v. Mays, Nos. 75-3083
...1031, 95 S.Ct. 512, 42 L.Ed.2d 306 (1974); United States v. Giacalone, 477 F.2d 1273, 1275-1276 (6th Cir. 1973); United States v. Carey, 475 F.2d 1019, 1020 (9th Cir. 1973); cf., Dillingham v. United States, 423 U.S. 64, 65, 96 S.Ct. 303, 46 L.Ed.2d 205 5 The Court also decided the applicab......
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U.S. v. Nace, Nos. 76-1794
...Egger v. United States, 509 F.2d 745 (9th Cir.), cert. denied 423 U.S. 842, 96 S.Ct. 74, 46 L.Ed.2d 61 (1975); United States v. Carey, 475 F.2d 1019 (9th Cir. 1973); Fed.R.Crim.P. The grand jury charged Warren and Nace with the use of extortionate means to collect an extension of credit fro......
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Egger v. U.S., No. 74--2196
...no error may be assigned on appeal unless an exception was taken to the instructions given to the jury. United States v. Carey, 475 F.2d 1019, 1022 (9th Cir. Appellant believes that despite his failure to object, Kaufman, supra, allows him to seek § 2255 relief. The District Court refused t......
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U.S. v. Young, No. 75-3102
...of the United States." In the context of a mistrial, the denial of a motion for acquittal is not a final order. United States v. Carey, 475 F.2d 1019, 1021 (9th Cir. 1975); United States v. Kaufman, 311 F.2d 695, 698-699 (2d Cir. 1963). Therefore this Court is without jurisdiction to review......
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U.S. v. Mays, Nos. 75-3083
...1031, 95 S.Ct. 512, 42 L.Ed.2d 306 (1974); United States v. Giacalone, 477 F.2d 1273, 1275-1276 (6th Cir. 1973); United States v. Carey, 475 F.2d 1019, 1020 (9th Cir. 1973); cf., Dillingham v. United States, 423 U.S. 64, 65, 96 S.Ct. 303, 46 L.Ed.2d 205 5 The Court also decided the applicab......
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U.S. v. Nace, Nos. 76-1794
...Egger v. United States, 509 F.2d 745 (9th Cir.), cert. denied 423 U.S. 842, 96 S.Ct. 74, 46 L.Ed.2d 61 (1975); United States v. Carey, 475 F.2d 1019 (9th Cir. 1973); Fed.R.Crim.P. The grand jury charged Warren and Nace with the use of extortionate means to collect an extension of credit fro......
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Egger v. U.S., No. 74--2196
...no error may be assigned on appeal unless an exception was taken to the instructions given to the jury. United States v. Carey, 475 F.2d 1019, 1022 (9th Cir. Appellant believes that despite his failure to object, Kaufman, supra, allows him to seek § 2255 relief. The District Court refused t......
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U.S. v. Young, No. 75-3102
...of the United States." In the context of a mistrial, the denial of a motion for acquittal is not a final order. United States v. Carey, 475 F.2d 1019, 1021 (9th Cir. 1975); United States v. Kaufman, 311 F.2d 695, 698-699 (2d Cir. 1963). Therefore this Court is without jurisdiction to review......