United States v. Donna Wells

MEMORANDUM

Appellant Donna Wells appeals her judgment of conviction by jury and sentence for health care fraud, in violation of 18 U.S.C. § 1347 , arising from fraudulent Medicare claims. Because the parties are well acquainted with the facts and circumstances of this case, we repeat them only as necessary to illuminate this disposition.

First, Wells argues that the district court abused its discretion in admitting pursuant to Fed.R.Evid. 404(b) evidence of uncharged “other acts” relating to her active recruitment for a fee of Medicare beneficiaries as potential recipients of medically unnecessary power wheelchairs. Because this evidence was (1) relevant to show her knowledge, motive, intent, and absence of mistake in an unlawful scheme, and (2) did not run afoul of Fed.R.Evid. 403, the court’s decision to admit it was proper.

Second, Wells argues that the amount paid by Medicare for the wheelchairs was the appropriate measure of loss for which she was responsible pursuant to U.S. Sentencing Guidelines Manuel § 2B1.1, not the amount billed which the district court used in determining her sentence of fifty-seven months. She is mistaken. “Loss” is defined as “the greater of…