US v. Hawley, No. 08-2992, concerned a civil action by the U.S. against an insurance agent, and his insurance company, alleging that defendants violated the False Claims Act by committing fraud in connection with federal crop insurance.  The court reversed summary judgment for defendant on the grounds that 1) the government adequately preserved its argument that the insurer’s reimbursement demands were the “claims” presented to the government; and 2) the evidence created a genuine issue of material fact regarding whether defendant caused his company to present claims for reimbursement to the Federal Crop Insurance Corporation.

In US v. Harrington, No. 10-1827, the court affirmed defendant’s sentence for conspiring to manufacture, distribute, and possess with intent to distribute heroin and at least 50 grams of cocaine base, resulting in death, where 1) Apprendi was inapplicable because defendant faced a statutory maximum sentence of life in prison regardless of his prior felony conviction; and 2) even assuming for the sake of argument that Shepard applied, defendant’s contention would fail, for he acknowledged in his brief that the sentencing transcript from his prior conviction, which was admitted at the continued sentencing hearing, showed that he was convicted of a drug felony.

Related Resources

  • Full Text of US v. Hawley, No. 08-2992
  • Full Text of US v. Umanzor, No. 09-2723
  • Full Text of US v. Harrington, No. 10-1827

You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help

Civil Rights

Block on Trump’s Asylum Ban Upheld by Supreme Court

Criminal

Judges Can Release Secret Grand Jury Records

Politicians Can’t Block Voters on Facebook, Court Rules