Dubin v. United States (599 U.S. 110)
U.S. Supreme Court · decided June 8, 2023 · Supreme Court Database (Spaeth)
- Citation
- 599 U.S. 110 · 143 S. Ct. 1557
- Decided
- June 8, 2023
- Term
- October Term 2022
- Vote
- 9–0
- Majority author
- Justice Sotomayor
- Issue area
- Criminal Procedure
- Disposition
- Vacated and remanded
- Outcome
- Petitioning party won
- Ideological direction
- Liberal
Opinion excerpt
PRELIMINARY PRINT Volume 599 U. S. Part 1 Pages 110–139 OFFICIAL REPORTS OF THE SUPREME COURT June 8, 2023 Page Proof Pending Publication REBECCA A. WOMELDORF reporter of decisions NOTICE: This preliminary print is subject to formal revision before the bound volume is published. Users are requested to notify the Reporter of Decisions, Supreme Court of the United States, Washington, D.C. 20543, pio@supremecourt.gov, of any typographical or other formal errors. Syllabus DUBIN v. UNITED STATES certiorari to the united states court of appeals for the fth circuit No. 22–10. Argued February 27, 2023—Decided June 8, 2023 Petitioner David Dubin was convicted of healthcare fraud under 18 U. S. C. § 1347 after he overbilled Medicaid for psychological testing performed by the company he helped manage. The question is whether, in de- frauding Medicaid, he also committed “[a]ggravated identity theft” under § 1028A(a)(1). Section 1028A(a)(1) applies when a defendant, “during and in relation to any [predicate offense, such as healthcare fraud], knowingly transfers, possesses, or uses, without lawful authority, a means of identifcation of another person.” The Government argued below that § 1028A(a)(1) was automatically satisfed because Dubin's fraudulent Medicaid billing included the patient's Medicaid reimburse- ment number—a “means of identifcation.” Bound by Fifth Circuit precedent, the…
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