United States v. Huey Williams, Jr.

708 F. App'x 826
CourtCourt of Appeals for the Fifth Circuit
DecidedSeptember 27, 2017
Docket15-20713 Consolidated With: 16-20356
StatusUnpublished

This text of 708 F. App'x 826 (United States v. Huey Williams, Jr.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Huey Williams, Jr., 708 F. App'x 826 (5th Cir. 2017).

Opinion

PER CURIAM: *

Huey P. Williams, Jr., appeals his conviction for aiding and abetting health care fraud. He challenges the district court’s admission of testimony at trial, which he contends was in violation of Federal Rule of Evidence 404(b). For the reasons set forth below, we AFFIRM.

I

The federal Medicare program provides health care benefits to millions of Americans who are over the age of 65 or disabled. Medicare fraud schemes steal from taxpayers and prey on some of the most vulnerable in our society.

Williams owned and operated Hermann Medical Supply, a business operating in Texas that supplied durable medical equipment to Medicare beneficiaries. 1 To participate in Medicare, health care providers are required to submit an application in which the provider agrees to comply with all Medicare-related laws and regulations. Once the application is approved, providers are given a Medicare provider number to use when submitting claims for reimbursement. When submitting a claim form, the provider certifies, among other things, that the contents are time and the services rendered were medically necessary. Williams’s wife, Marsha, signed the Medicare provider application for Hermann Medical Supply in 2005. The application did not disclose Williams’s ownership or management role in the company.

From' approximately 2006 to 2010, Williams, through Hermann Medical Supply, orchestrated, a scheme to defraud Medicare by submitting bills for durable medical devices that were never provided or not medically necessary. In particular, Williams provided hundreds of patients with neoprene-type soft braces but billed Medicare for more expensive, hard, custom-fitted mechanical braces. He ultimately submitted $3.4 million in false claims, and Medicare paid $1,96 million on those claims.

Williams was indicted for one count of aiding and abetting health care fraud in violation of 18 U.S.G. §§ 1347 and 2. He pled not guilty, and his case proceeded to jury trial. A pretrial dispute arose whether testimony potentially touching on his criminal history could be admitted at trial. Prior to starting Hermann Medical Supply, Williams had multiple run-ins with the law. His criminal record includes felony convictions for cocaine possession and misdemeanor convictions for assault, resisting an officer, and carrying a weapon.

The government sought to elicit testimony from Marsha regarding why she signed the Medicare provider application for Her-mann Medical Supply. The government explained at a pretrial conference, “there may be a witness [who] will testify about statements made by the defendant regarding his criminal record, and in the context of why he’s not on the Medicare application.” “We don’t intend to go into what the criminal record is, or what the convictions are, if there are any. But the fact that defendant made the statement about his criminal record and the context of why he is not on the Medicare application may come out in testimony.” Williams sought to preclude the government and its witnesses “from mentioning, eliciting or attempting to elicit information relating to Defendant’s criminal history or even that Defendant has a criminal history. The district court preliminarily granted Williams’s pretrial motion to exclude the evidence but clarified that “all it means is that at the time, when this is about to come out, you have to come up and convince — and tell me about it again.”

During a sidebar at trial, the government stated that it was “about to get into the testimony regarding the defendant’s past history as to why she [i.e., Marsha] was on the Medicare application.” Williams again objected, arguing that the government’s strategy was “a factual way to get into an extraneous offense that is not admissible.” The government responded that the testimony was “relevant to show that Ms. Williams was only on the application for a certain reason. Again, we will not ask what the actual offense was, but about the statement that he told her, which is covered under [Federal Rule of Evidence 801(d)(2)(A)].” 2

The district court overruled Williams’s objection. After some preliminary discussion regarding the Medicare provider application, Marsha testified as follows:

Q. Do you know — -why did you sign it instead of the defendant?
A. Because he told me it would be difficult for him to start the business because of his past.

No further questioning was made regarding Williams’s “past.” The government did not mention Williams’s criminal record during opening or closing statements or elicit such testimony from other witnesses. Williams did not request a limiting instruction regarding his wife’s testimony, nor did he take the stand.

After a two-day trial, the jury convicted Williams of aiding and abetting health care fraud. The district court sentenced Williams within the Guidelines range to 63 months in prison and ordered $1.96 million in restitution. Williams appeals his conviction.

II

Williams contends that the district court erred by admitting Marsha’s testimony that “he told me it would be difficult for him to start the business because of his past.” He argues that allowing the government to “allud[e] to” his “criminal past” violated Federal Rule of Evidence 404(b). We review evidentiary rulings for abuse of discretion. See United States v. Kinchen, 729 F.3d 466, 470 (5th Cir. 2013).

III

Federal Rule of Evidence 404(b)(1) provides that “[e]vidence of a crime, wrong, or other act is not admissible to prove a person’s character in order to show that on a particular occasion the person acted in accordance with that character.” The rule precludes use of such evidence to show that the defendant “is by propensity a probable perpetrator of the crime” charged. Old Chief v. United States, 519 U.S. 172, 181, 117 S.Ct. 644, 136 L.Ed.2d 574 (1997); see also Michelson v. United States, 335 U.S. 469, 475, 69 S.Ct. 213, 93 L.Ed. 168 (1948) (“The State may not show defendant’s prior trouble with the law, specific criminal acts, or ill name among his neighbors, even though such facts might logically be persuasive that he is by propensity a probable perpetrator of the crime.”).

“As a threshold matter, Rule 404(b) -is only implicated when the offered evidence is extrinsic; evidence intrinsic to the charged offense does not implicate the rule.” United States v. Crawley,

Related

United States v. Coleman
78 F.3d 154 (Fifth Circuit, 1996)
United States v. Freeman
434 F.3d 369 (Fifth Circuit, 2005)
United States v. Fields
483 F.3d 313 (Fifth Circuit, 2007)
United States v. Crawley
533 F.3d 349 (Fifth Circuit, 2008)
Michelson v. United States
335 U.S. 469 (Supreme Court, 1949)
Huddleston v. United States
485 U.S. 681 (Supreme Court, 1988)
Old Chief v. United States
519 U.S. 172 (Supreme Court, 1997)
United States v. Rice
607 F.3d 133 (Fifth Circuit, 2010)
United States v. Orange Jell Beechum
582 F.2d 898 (Fifth Circuit, 1978)
United States v. Shirley Maggitt and Tommy Maggitt
784 F.2d 590 (Fifth Circuit, 1986)
United States v. James Williams
900 F.2d 823 (Fifth Circuit, 1990)
United States v. Joshua Kinchen
729 F.3d 466 (Fifth Circuit, 2013)

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Bluebook (online)
708 F. App'x 826, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-huey-williams-jr-ca5-2017.