Summary
The Sixth Circuit denied defendant Eric King’s motion for release pending appeal following his convictions for health care fraud and aggravated identity theft. Applying the statutory standard under 18 U.S.C. § 3143(b), the court found King failed to demonstrate he was unlikely to flee or pose a danger, nor did he raise a substantial question likely to result in reversal. The appellate court rejected King’s challenges regarding the sufficiency of his indictment under Dubin v. United States, the adequacy of the jury instructions, and alleged constructive amendment, concluding no plain error occurred. Accordingly, the motion for bail was denied.
Topics
Practice areas
Questions Presented
- Whether the Sixth Circuit should grant release pending appeal under 18 U.S.C. §3143(b).
- Whether the indictment for aggravated identity theft was sufficient under Dubin v. United States.
- Whether the jury instructions on aggravated identity theft were plain error.
Holdings
- The motion for release pending appeal is denied because King has not shown, by clear and convincing evidence, that he is unlikely to flee or that his appeal raises a substantial question likely to result in reversal.
- The indictment is sufficient; no plain error exists.
- The jury instructions were not plain error and therefore upheld.
Factual background
King was found guilty of submitting fraudulent Medicaid reimbursement claims by using patients' identifying information. The indictment charged aggravated identity theft under 18 U.S.C. §1028A. The government alleged he used the identities to obtain payments for services never rendered.
Procedural history
King was convicted in the Northern District of Ohio of health care fraud, false statements, and aggravated identity theft. He filed a motion for release pending appeal, which the district court denied. He appealed that denial to the Sixth Circuit.