Legal Standards Pursuant to Federal Rule of Criminal Procedure 29(c), Defendant moves the Court to set aside his guilty verdict and enter a judgment of acquittal.

The letters explain the requirement for physician supervision, describe certain non-compliant billing practices that result in overpayments, and conclude that suspension of Medicare payments to the physical therapy companies is appropriate.

In summary, the testimony of Michael Price, Dr. Watts, and Rod Ciccone provide evidence that Defendant knew previous companies, including Solday and Donnsey, were not complying with Medicare regulations.

As discussed above, however, the jury was free to infer from Defendant’s involvement with other, similar companies, owned and operated by the same group of people, that Defendant had knowledge that he was transacting in proceeds from health care fraud.

(Alito, J., dissenting) (“I cannot agree with Justice Stevens’s approach insofar as it holds that the meaning of the term “proceeds” varies depending on the nature of the illegal activity that produces the laundered funds.

18 U.S.C. § 3582(c) On March 17, 2008, Defendant Patrick D. Maxwell, Bureau of Prisons (“BOP”) inmate registration number 19188-076, an inmate at the Federal Correctional Institution (“FCI”) in Texarkana, Texas, filed a pro se motion in his closed criminal case, entitled “Motion under 18 U.S.C. § 3582(c)(2) for Modification of Sentence by a Person in Federal Custody” (Docket Entry (“D.E.”) 673).

434 & 601).1 On November 2, 2005, the Court imposed a sentence of 292 months of imprisonment, along with a five-year period of supervised release and a $800.00 special assessment (D.E.

§ 1B1.10, a reduction in sentence under § 3582(c) is not authorized unless an amendment reducing the applicable guidelines range is listed in § 1B1.10(c).

Further, paragraph 24 of the PSR indicates that “further investigation and subsequent evidence revealed Maxwell was not directly involved in the distribution of cocaine base.” Additionally, as noted by the United States Court of Appeal for the Sixth Circuit, Defendant admitted in his statement of facts “to stealing over 200 kilograms of cocaine while working the MPD property and evidence room and later obtaining more than 200 kilograms of cocaine after his employment ended.” (D.E.

As the calculation of Defendant’s base offense level did not involve crack cocaine for purposes of determining the drug quantity, Amendment 706 has no affect on Defendant’s sentence.

On February 12, 2008, Terrell Green appeared before me on a charge of violation of the terms and conditions of his probation/supervised release in this matter.

At that time, the defendant was advised of his rights under FRCrP 5 and 32.1(a)(1) and counsel was appointed.

Accordingly, the defendant is held to a final revocation hearing before the United States District Judge J. Daniel Breen.

It is presumed that the United States District Court will set this matter for a revocation hearing pursuant to FRCrP 32.1(a)(2), and will see that appropriate notices are given.

The defendant is hereby remanded to the custody of the United States Marshals.

On February 16, 2007, the Defendant, Marilyn Prince Watts, filed a motion for a bill of particulars which the Court referred to the magistrate judge for a report and recommendation.

On March 15, 2007, Magistrate Judge Thomas Anderson issued his report, recommending that the Defendant’s motion be denied.

According to the Court’s docket, no objections to the magistrate judge’s report and recommendation have been filed pursuant to 28 U.S.C. § 636(b)(1)(C).

No objections having been filed, the Court ADOPTS the magistrate judge’s report and recommendation.

It is therefore ORDERED that the magistrate judge’s report and recommendation filed March 15, 2007, be hereby ADOPTED.

This matter came on to be heard upon Defendant Marilyn Watts’s motion to waive appearance at the status report set for Wednesday, March 7, 2007.at 9:30 a.m. For good cause shown, the motion is GRANTED.

The appearance of Defendant.

Watts is waived for the status report set March 7, 2007.

IT IS SO ORDERED this 6th day of March, 2007. s/ J. Daniel Breen

Before this Honorable Court is Defendant Lermedeyo Malone‘s Motion Requesting Extension of Time to Surrender currently scheduled for January 9, 2006 until some time after January 19, 2006.

IT IS THEREFORE, ORDERED, ADJUDGED AND DECREED that Defendant's Motion is granted wit

Entered this the 11 day of o opposition from the Government.

Notice of Distribution This notice confirms a copy of the document docketed as number 623 in case 2:03-CR-20169 was distributed by fax, mail, or direct printing on December 29, 2005 to the parties listed.

800 Memphis, TN 38103 Howard L. Wagerman

This cause came on to be heard on December 19, 2005, the United States Attorney for this district, Tony Arvin, appearing for the Government and the defendant, Daniel Curry, appearing in person and with counsel, Michael Scholl, who represented the defendant.

With leave of the Court, the defendant withdrew the not guilty plea heretofore entered and entered a plea of guilty to Count 1 of the Indictment.

SENTENCING in this case is SET for WEDNESDAY, MARCH 29, 2006, at 9:00 a.m., before Judge J. Daniel Breen.

Notice of Distribution This notice confirms a copy of the document docketed as number 145 in case 2:04-CR-20448 was distributed by fax, mail, or direct printing on December 20, 2005 to the parties listed.

8 S. Third St. Fourth Floor Memphis, TN 38103--238 Tony R. Arvin

It is hereby ORDERED, that the Defendant’s motion to continue the sentencing ofdefendant, Reginald Pullen, currently set for December 15, 2005, at 9:30 a.m. is hereby GRANTED, and the sentencing is hereby reset to , 2006, at

ment ente this d°°U ndlor 3 I with Rum 55 ’ Notice of Distribution This notice confirms a copy of the document docketed as number 621 in case 2:03-CR-20169 was distributed by fax, mail, or direct printing on December 15, 2005 to the parties listed.

Box 34 1 0 Memphis, TN 3 8173--041 Harold D. Archibald

22 North Front Street Ste.

8 S. Third St. Fourth Floor Memphis, TN 38103 Cynthia A. Pensoneau

The defendant, Lermedeyo Malone, having been Sentenced in the above case to the custody of the Bureau of Prisons and having been granted leave by the Court to report to the designated facility, IS HEREBY ORDERED to surrender to the Bureau of Prisons by reporting to FCI Memphis SCP, 1101 John A. Denie Road, Memphis, TN 38134, by 2:00 p.m. on MONDAY, JANUARY 9, 2006.

This document entered on the docket sheet In complfance with Rule 55 and/or 32(b) FHCrF‘ on jL 6; 2 7

I agree to report as directed above and understand that if I fail to report, I may be cited for contempt of Court and if convicted, may be punished by imprisonment, fine or both.

Signed: Date: Defendant Notice of Distribution This notice confirms a copy of the document docketed as number 617 in case 2:03-CR-20169 was distributed by fax, mail, or direct printing on December 12, 2005 to the parties listed.

8 S. Third St. Fourth Floor Memphis, TN 38103 Eric Scott Hall

At that time counsel for the defendants requested a continuance of the December 5, 2005 trial date in order to allow for additional preparation in the case.

The Court granted the request and reset the trial date to February 6, 2006 with a

report date of Manda Januar 30 2006 at 10:30 a.m.,** in Courtroom 1 11th Floor of the Federal Building, Memphis, TN.

The period from December 16, 2005 through February 17, 2006 is excludable under 18 U.S.C. § 3161(h)(8)(B)(iv) because the ends of justice Served in allowing for

Notice of Distribution This notice confirms a copy of the document docketed as number 22 in case 2:03-CR-20475 was distributed by fax, mail, or direct printing on December 2, 2005 to the parties listed.

Petition on Probation and Supervised Release COMES NOW Edward E. Shaw PROBATION OFFICER OF THE COURT presenting an official report upon the conduct and attitude of Michelle Williams who was placed on supervision by the Honorable Julia S. Gibbons sitting in the Court at Memphis, Tennessee, on the_17_th_ day of December , 2_0(£ who fixed the period of supervision at three 13 } years and imposed the general terms and conditions theretofore adopted by the Court and also imposed Special Conditions and terms as follows: 1 .

The defendant shall submit to substance abuse testing and treatment as deemed appropriate by the Probation Officer.

The defendant shall be prohibited from opening additional lines of credit without approval ofthe Probation Officer.

PRAYING THAT THE COURT WILL ORDER that Michelle Williams’ Probation be allowed to expire as scheduled on December 16, 2005, with the understanding that the United States Attorney’s Office will be responsible for the continued collection of restitution.

Probation Officer Electronic Monitoring Specialist Place: Memphis, TN Date: November 17 2005 This document entered on the docket annst ingiitipllauiafi wlth Rule 55 and/or 329:) FHCrP on _l_£-_-;___m_:__C2§'_T