United States v. St. Luke's Subacute Care Hospital, Inc. Guy Roland Seaton
Opinion
Opinion
Beezer, J.
dissenting.
In a memorandum disposition filed on May 5, 2006, the unanimous panel assigned to this case says:
178 Fed. App’x 711, 713 (9th Cir. May 5, 2006) (unpublished disposition).
Through papers recently filed by the United States Attorney, we have been advised that the procedural history of this case is as follows:
On December 19, 2002, following a five-week trial, a federal jury convicted Seaton of six counts of Medicare fraud. The district court permitted Seaton to remain free on pretrial bail conditions.
On April 15, 2004, the district court held a sentencing hearing. At the conclusion of the hearing the court sentenced Seaton to 78 months imprisonment. The court further denied Seaton’s request for bail pending appeal and ordered Seaton to self-surrender by August 14, 2004. When the court made its ruling, it observed: “[T]he case has been pending too long.” On August 9, 2004, the district court agreed to stay its order for Seaton to self-surrender, given the pendency of the Supreme Court’s consideration of the constitutionality of the federal Sentencing Guidelines.
On March 28, 2005, the district court held a hearing on Seaton’s “renewed” motion for bail pending…