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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. Have been seeing this wonderful physician for a few years and was one of his patients who told him about what we were being told at CVS. Multiple ones. This was a witch hunt and they shold be ashamed of how patients were treated. Most of all, CVS should be ashamed for what they put this physician through. So thankful he fought back. His office is no "pill mill'. He does drug testing multiple times a year and sees patients a minimum of four times a year.

  2. Brian W, I fear I have not been sufficiently entertaining to bring you back. Here is a real laugh track that just might do it. When one is grabbed by the scruff of his worldview and made to choose between his Confession and his profession ... it is a not a hard choice, given the Confession affects eternity. But then comes the hardship in this world. Imagine how often I hear taunts like yours ... "what, you could not even pass character and fitness after they let you sit and pass their bar exam ... dude, there must really be something wrong with you!" Even one of the Bishop's foremost courtiers said that, when explaining why the RCC refused to stand with me. You want entertaining? How about watching your personal economy crash while you have a wife and five kids to clothe and feed. And you can't because you cannot work, because those demanding you cast off your Confession to be allowed into "their" profession have all the control. And you know that they are wrong, dead wrong, and that even the professional code itself allows your Faithful stand, to wit: "A lawyer may refuse to comply with an obligation imposed by law upon a good faith belief that no valid obligation exists. The provisions of Rule 1.2(d) concerning a good faith challenge to the validity, scope, meaning or application of the law apply to challenges of legal regulation of the practice of law." YET YOU ARE A NONPERSON before the BLE, and will not be heard on your rights or their duties to the law -- you are under tyranny, not law. And so they win in this world, you lose, and you lose even your belief in the rule of law, and demoralization joins poverty, and very troubling thoughts impeaching self worth rush in to fill the void where your career once lived. Thoughts you did not think possible. You find yourself a failure ... in your profession, in your support of your family, in the mirror. And there is little to keep hope alive, because tyranny rules so firmly and none, not the church, not the NGO's, none truly give a damn. Not even a new court, who pay such lip service to justice and ancient role models. You want entertainment? Well if you are on the side of the courtiers running the system that has crushed me, as I suspect you are, then Orwell must be a real riot: "There will be no curiosity, no enjoyment of the process of life. All competing pleasures will be destroyed. But always — do not forget this, Winston — always there will be the intoxication of power, constantly increasing and constantly growing subtler. Always, at every moment, there will be the thrill of victory, the sensation of trampling on an enemy who is helpless. If you want a picture of the future, imagine a boot stamping on a human face — forever." I never thought they would win, I always thought that at the end of the day the rule of law would prevail. Yes, the rule of man's law. Instead power prevailed, so many rules broken by the system to break me. It took years, but, finally, the end that Dr Bowman predicted is upon me, the end that she advised the BLE to take to break me. Ironically, that is the one thing in her far left of center report that the BLE (after stamping, in red ink, on Jan 22) is uninterested in, as that the BLE and ADA office that used the federal statute as a sword now refuses to even dialogue on her dire prediction as to my fate. "C'est la vie" Entertaining enough for you, status quo defender?

  3. Low energy. Next!

  4. Had William Pryor made such provocative statements as a candidate for the Indiana bar he could have been blackballed as I have documented elsewhere on this ezine. That would have solved this huuuge problem for the Left and abortion industry the good old boy (and even girl) Indiana way. Note that Diane Sykes could have made a huuge difference, but she chose to look away like most all jurists who should certainly recognize a blatantly unconstitutional system when filed on their docket. See footnotes 1 & 2 here: http://caselaw.findlaw.com/us-7th-circuit/1592921.html Sykes and Kanne could have applied a well established exception to Rooker Feldman, but instead seemingly decided that was not available to conservative whistleblowers, it would seem. Just a loss and two nice footnotes to numb the pain. A few short years later Sykes ruled the very opposite on the RF question, just as she had ruled the very opposite on RF a few short years before. Indy and the abortion industry wanted me on the ground ... they got it. Thank God Alabama is not so corrupted! MAGA!!!

  5. OK, take notice. Those wondering just how corrupt the Indiana system is can see the picture in this post. Attorney Donald James did not criticize any judges, he merely, it would seem, caused some clients to file against him and then ignored his own defense. James thus disrespected the system via ignoring all and was also ordered to reimburse the commission $525.88 for the costs of prosecuting the first case against him. Yes, nearly $526 for all the costs, the state having proved it all. Ouch, right? Now consider whistleblower and constitutionalist and citizen journalist Paul Ogden who criticized a judge, defended himself in such a professional fashion as to have half the case against him thrown out by the ISC and was then handed a career ending $10,000 bill as "half the costs" of the state crucifying him. http://www.theindianalawyer.com/ogden-quitting-law-citing-high-disciplinary-fine/PARAMS/article/35323 THE TAKEAWAY MESSAGE for any who have ears to hear ... resist Star Chamber and pay with your career ... welcome to the Indiana system of (cough) justice.

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