Shepherd
United States v. Shepherd
Opinion
Lead Opinion
MEMORANDUM *
Leslie Shepherd (case number 04-50484) and her husband, Barry Uko (case number 04-50487), were convicted by a jury for committing health care fraud in violation of 18 U.S.C. § 1347 . Leslie Shepherd appeals her conviction. We affirm. Barry Uko does not contest his conviction, but he appeals his sentence on Booker grounds and claims that forfeiture of his home, ordered pursuant to 18 U.S.C. § 982 (b)(1), violates his rights under the Due Process Clause and the Eighth Amendment. We issue a limited remand under Ameline but affirm the forfeiture order.
Right to Confrontation
Shepherd first argues that the district court denied her Sixth Amendment right of confrontation by permitting the prosecution to admit into evidence a redacted version of codefendant Uko’s confession. However, no such written testi *614 mony, redacted or otherwise, was admitted into evidence. Instead, Uko’s statements were mentioned only in testimony by Jeffrey Dubsick, the investigating officer who questioned Uko, and no questions were asked about Shepherd. Shepherd’s argument that the jury could connect Shepherd to Uko because they shared a biller, Anceline Pal, is untenable in light of the fact…