United States v. Cyprian Adoh, Sr.

MEMORANDUM

Cyprian 0. Adoh appeals from his sentence imposed following a guilty plea to one count of conspiracy to commit health care fraud in violation of 18 U.S.C. § 1349 . Adoh contends that his plea was not knowing and voluntary because the district court did not inform him that upon conviction he was subject to mandatory exclusion from participation in federally funded health programs under 42 U.S.C. § 1320a-7(a)(3).

Because Adoh did not raise this argument before the district court, we review for plain error. E.g., United States v. Delgado-Ramos, 635 F.3d 1237, 1238 (9th Cir.2011) (per curiam). Under the plain error standard as applied to a guilty plea, Adoh “must show a reasonable probability that, but for [any] error, he would not have entered the plea.” United States v. Dominguez Benitez, 542 U.S. 74, 83 , 124 S.Ct. 2333 , 159 L.Ed.2d 157 (2004).

Adoh has not demonstrated a reasonable probability that he would not have pled guilty had he been informed of the exclusion of which he now complains. Section 1320a-7(a)(3) bars an individual convicted of a health care fraud felony from being paid by a federally funded health program for providing products or services. See 42…