Conviction and sentence of an anesthesiologist, who had operated a pain-management clinic, for health care fraud and related crimes is affirmed where: 1) any error in admitting a video of a doctor performing certain medical procedures was harmless given the overwhelming evidence that defendant was not performing medically necessary procedures and that the procedures were not those for which he was billing, and also considering the weak evidence to the contrary; 2) defendant's claim that admission of the video violated the Confrontation Clause is rejected; 3) there is sufficient evidence to support defendant's conviction for health care fraud under 18 U.S.C. section 1347; 4) there was sufficient evidence for a jury to conclude that defendant committed mail and wire fraud; 5) there is sufficient evidence to to conclude that defendant proximately caused the deaths of two patients; 6) any error in admitting testimony of an addiction specialist was harmless; and 7) defendant's sentence is procedurally and substantively reasonable.
Argued: June 16, 2009
Decided and Filed: December 1, 2009
Opinion by Circuit Judge Cole
For Appellant: Jonathan P. Witmer-Rich, Federal Public Defender's Office
For Appellee: Nina Goodman, US Department of Justice