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Conviction and sentence for conspiracy to commit health care fraud and making a false statement relating to health care matters is affirmed in part, reversed in part and remanded where: 1) the district court did not err in denying defendant's motion to dismiss the superceding indictment de novo as the indictment was sufficient to state the offense; 2) the court did not err in denying defendant's Batson challenge to the government's peremptory strike of a juror as the government provided a race-neutral ground for the strike; 3) the court did not err in giving a deliberate ignorance instruction to the jury; 4) the evidence was sufficient to support defendant's conviction for health care fraud, but the court erred in denying defendant's motion for acquittal on the false statement charge as the evidence was insufficient to support the conviction; and 5) the court did not err in imposing a two-level sentencing enhancement for a supervisory role in the offense, but did err in imposing a sentencing enhancement for abuse of a position of trust. Another defendant's conviction and sentence are affirmed where: 1) the evidence was sufficient to support her conviction for health care fraud; 2) the court did not err in referring the jury back to the instructions when it submitted a question on the evidence to be considered; and 3) the court did not err in calculating the amount of loss for the purpose of determining her offense level.
Appeal from the United States District Court for the Eastern District of Missouri.
Submitted: January 14, 2009
Filed: August 3, 2009
Before LOKEN, Chief Judge, WOLLMAN and SHEPHERD, Circuit Judges.
Opinion by SHEPHERD, Circuit Judge.
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