United States v. Alfred C. Avery

37 F.3d 1506 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Alfred C. AVERY, Defendant-Appellant. No. 93-30377. United States Court of Appeals, Ninth Circuit. Argued and Submitted Sept. 15, 1994. Decided Sept. 21, 1994. 1 Before: THOMPSON and TROTT, Circuit Judges, and TASHIMA, District Judge. * 2 MEMORANDUM ** OVERVIEW 3 Alfred C. Avery appeals his conviction following a guilty plea to Medicaid fraud in violation of 42 U.S.C. Sec. 1320a-7(b)(a)(1). Avery contends the district court erred in failing to dismiss the Superseding Information because the Oregon Medicaid regulation and the Washington Medicaid statute defining a "related organization" are unconstitutionally vague as applied to him. We have jurisdiction under 28 U.S.C. Sec. 1291 , and we affirm. STANDARD OF REVIEW 4 We review de novo a void for vagueness challenge to a statute or regulation. United States v. Woodley, 9 F.3d 774, 778 (9th Cir.1993) (quoting United…