US v. Wilson

Before MURNAGHAN and NIEMEYER, Circuit Judges, and

BUTZNER, Senior Circuit Judge.

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Affirmed by unpublished per curiam opinion.

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COUNSEL

Dennis M. Hart, Washington, D.C.; Christopher M. Davis, Washing-

ton, D.C., for Appellant. Lynne A. Battaglia, United States Attorney,

Virginia B. Evans, Assistant United States Attorney, Baltimore,

Maryland, for Appellee.

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Unpublished opinions are not binding precedent in this circuit. See

Local Rule 36(c).

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OPINION

PER CURIAM:

Maurice Wilson appeals his convictions and sentences for three

counts of mail fraud and aiding and abetting mail fraud, in violation

of 18 U.S.C. §§ 1341, 2 (1994), and two counts of income tax evasion

and aiding and abetting income tax evasion, in violation of 26 U.S.C.

§ 7201(1994) and 18 U.S.C. § 2. The convictions arose through Wil-

son's involvement with Industrial Medical and Physical Therapy, a

clinic that operated as an "accident mill," and his participation in sub-

mitting over-inflated bills to insurance companies. Wilson contends

that: (1) the evidence was insufficient to show that he had the specific

intent to engage in mail fraud; (2) the court erred in permitting the

Government to introduce evidence concerning his involvement in sev-

eral bad and illegal acts; (3) the amount of loss attributed to him for

sentencing purposes was in error; (4) the court erred by increasing his

offense level for his role in the offense and for his conscious or reck-

less risk of serious bodily injury; and (5) the sentence, which was

within the properly calculated sentencing guidelines, violated due

process and was cruel and unusual punishment. We affirm.

Evidence at trial established that Wilson ran the physical therapy

department and the pharmacy. He ordered and dispensed medications

without a license. He billed insurance companies for expensive neck

braces when much cheaper collars were given to the patients. We find

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that a reasonable factfinder could have found that Wilson had the spe-

cific intent to commit fraud. See United States v. Hudgins, 120 F.3d

483, 486 (4th Cir. 1997).

We also find that the court did not abuse its discretion in admitting

evidence that Wilson dispensed medications and practiced physical

therapy without a license. This evidence was an intrinsic part of Wil-

son's criminal conduct. See United States v. Chin, 83 F.3d 83, 88 (4th

Cir. 1996). Evidence that Wilson ran a clinic engaged in a scheme

similar to that of Industrial Medical after Industrial Medical was

closed was reliable. It was also necessary because it established Wil-

son's knowledge and intent regarding the fraud, a disputed issue at

trial. The probative value was high and Wilson was not unfairly preju-

diced by this evidence. See Fed. R. Evid. 404(b). Wilson opened the

door to evidence regarding Wilson's profits from Industrial Medical's

arrangement with a third party because he initially introduced evi-

dence establishing the arrangement.

As for Wilson's challenges to the court's factual findings regarding

his base offense level, we find that the court did not clearly err. See

United States v. Smith, 914 F.2d 565, 569 (4th Cir. 1990). The court's

decision not to depart from the guidelines range is not reviewable. See

United States v. Aramony, 166 F.3d 655, 665 (4th Cir. 1999), cert.

denied, ___ U.S. ___, 67 U.S.L.W. 3729, 67 U.S.L.W. 3731 (U.S.

June 1, 1999).

We therefore affirm Wilson's convictions and sentences. We dis-

pense with oral argument because the facts and legal contentions are

adequately presented in the materials before the court and argument

would not aid the decisional process.

AFFIRMED

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