Garabet

MEMORANDUM *

Dr. Antoine L. Garabet was an ophthalmologist operating a multi-location practice through Antoine L. Garabet, M.D., Inc. (d/b/a Laser Eye Center). The government indicted Garabet and the Laser Eye Center (collectively, “Garabet”) on twenty-two counts. The jury returned a guilty verdict as to counts one, two, four, and five — counts based on surgeries-not-performed on patients Ruby McIntyre and Irene Aitkenhead.

The district court sentenced Garabet to twenty-one months imprisonment and two years supervised release; the court also ordered Garabet to pay a $200,000 fine and $264,652.98 in restitution. The district court sentenced the Laser Eye Center to two years probation and ordered the Center to pay $264,652.98 in restitution, for which the Center and Garabet were made jointly and severally liable. We affirm the convictions and reject the arguments relating to the trial court’s evidentiary deci *852 sions. But we vacate the sentences and remand for resentencing.

I

A

Garabet argues that the district court erred by denying his Rule 29 motions for judgment of acquittal. We review the denial of a Rule 29 motion de novo. United, States v. Mendez-Casillas, 272 F.3d…