District court's conviction of defendant, an owner of a medical transportation services provider, for health care fraud and aggravated identity theft and sentenced to sixty-two months' imprisonment is affirmed where: 1) district court did not err in ruling that defendant's conduct of use of Medicaid patients' identifying information was without lawful authority and violated section 1028A(a)(1); and 2) district court did not err in imposing a two-level enhancement to defendant's Guidelines' offense level for abuse of trust.
Argued: December 2, 2009
Decided: January 25, 2010
Opinion by Chief Judge Agee
For Appellant: John Britton Russell, Jr., DurretteBradshaw, PLC
For Appellee: Errington Atkinson, Office of the Attorney General of Virginia