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Judges order woman resentenced for health care fraud

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The 7th Circuit Court of Appeals found that a woman knowingly and voluntarily pleaded guilty to one count of health care fraud, but it sent her case back to the District Court for resentencing. The District judge violated the ex post facto clause by sentencing her under the wrong version of the sentencing guidelines.

Carol Woodard was the managing director of Gideon’s Gate, which provided educational services to children of indigent families. When the Indiana Department of Education stopped providing funding to the non-profit in January 2006, Woodward enrolled Gideon as an authorized Indiana Medicaid provider, but she provided no medical services. She fraudulently billed Medicaid from January 2006 through December 2007.

She submitted 2,437 false claims to Medicaid for a total of $8.9 million in phony services. Woodard was indicted on one count of health care fraud.

As the first trial date approached, Woodard filed the first of many motions to change counsel. After the District Court appointed a third attorney, it sua sponte ordered Woodard to undergo a competency examination because it felt that she might not understand the nature of the proceedings against her. After a doctor concluded that Woodard was competent to stand trial because she knew and understood the charges against her and was able to assist in her defense, the court found Woodard legally competent to stand trial. Nearly two years later, after several more delays and new attorneys, Woodard asked for a second competency evaluation, which the court denied. Woodard pleaded guilty and was sentenced to 80 months imprisonment.

In United States of America v. Carol Y. Woodard, 12-3363, Woodard argued that the District Court abused its discretion by not ordering a second competency evaluation; that she did not knowingly and voluntarily plead guilty during her Rule 11 colloquy; and the judge violated the ex post facto clause at sentencing.

The federal appeals court rejected her first two claims, finding the trial court reach a reasonable conclusion after it reviewed a previous psychological evaluation, considered the advice of two mental health professionals, and considered her interactions with her attorneys, Judge Ann Claire Williams wrote. A review of the record shows that she voluntarily and knowingly pleaded guilty during her colloquy, as no red flags were raised to alert the court to the contrary.

But, the 7th Circuit agreed that Judge Larry J. McKinney sentenced her under the wrong version of the sentencing guidelines. She committed her crimes in 2006 and 2007, but, relying on 7th Circuit precedent, McKinney sentenced Woodard based on sentencing guidelines in effect at the time she was sentenced in 2012. Instead of a sentencing range of 51 to 63 months based on the 2007 version of the sentencing guidelines, she was subject to a range of 97 to 121 months.  

The 7th Circuit ordered Woodward resentenced based on Peugh v. United States, 133 S. Ct. 2072 (2013). The Supreme Court of the United States held that the ex post facto clause is violated when a defendant is sentenced under guidelines promulgated after the commission of the crime when the use of those guidelines results in a higher sentencing range than the one calculated under the guidelines in effect at the time the offense was committed.

“Although the district court sentenced Woodard under then-controlling Seventh Circuit precedent, it is plain at the time of our review that under Peugh, the district court committed an error,” Williams wrote.
 

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  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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