Erickson

The Great Falls Eye Surgery Center (the “Center”) and ophthalmologist Bruce L. Erickson, a part-owner and the medical director of the Center, appeal their convictions for Medicare fraud in violation of 18 U.S.C. § 287 . They were convicted after jury trial of knowingly and willfully over-billing their patients and the Department of Health and Human Services (“DHHS”) from July 23, 1992 through June 1993 for services provided by their certified registered nurse anesthetists (“CRNA’s”). They now claim that the district court committed various errors which, separately and in combination, deprived them of a fair trial. The government cross-appeals their sentences. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm the convictions and remand for specific sentencing.

I. FACTS

Bruce L. Erickson is a licensed ophthalmologist in Montana. Dr. Erickson practiced at and is a 50% shareholder and the medical director of the Great Falls Eye Surgery Center in Great Falls, Montana. The Center is an ambulatory surgery center incorporated in December 1988. The Center began performing operations in early 1989. The Center is an approved Medicare provider whose claims are processed through…