[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________ FILED
U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
No. 05-13223 February 5, 2007
________________________ THOMAS K. KAHN
CLERK
D. C. Docket No. 04-20320-CR-CMA
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
STEPHANIE SMITH,
Defendant-Appellant.
________________________
Appeal from the United States District Court
for the Southern District of Florida
_________________________
(February 5, 2007)
Before BLACK, BARKETT and KRAVITCH, Circuit Judges.
PER CURIAM:
Stephanie Smith appeals her convictions for conspiracy to commit health
care fraud, in violation of 18 U.S.C. § 371; three counts of receiving health care
kickbacks, in violation of 42 U.S.C. § 1320(b)(1)(A)-(B); conspiracy to commit
money laundering, in violation of 18 U.S.C. § 1956(h); and money laundering, in
violation of 18 U.S.C. § 1956(a)(1)(B)(i). She asserts the district court abused its
discretion by admitting into evidence tax forms Smith completed and attached to a
mortgage application after the health care fraud conspiracy had ended. Smith also
challenges one of the district court’s jury instructions.
We review a district court’s evidentiary rulings for abuse of discretion.
United States v. Ndiaye, 434 F.3d 1270, 1280 (11th Cir. 2006). We review a
challenge to a jury instruction de novo. Id.
After hearing oral argument in this case and reviewing the record on appeal,
we have determined the district court did not abuse its discretion by admitting the
tax forms and did not err in instructing the jury. Accordingly, we affirm.
AFFIRMED.
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