United States v. Juan Oleo
2012 U.S. App. LEXIS 20235
| 6th Cir. | 2012Background
- De Oleo and co-conspirators ran sham Medicare clinics, bribing beneficiaries to submit insurance and bill Medicare for expensive meds.
- They moved fraud from Florida to Michigan, forming Xpress Medical Center with Rosario.
- Indictment followed; many co-defendants pled guilty; De Oleo and Genao were tried; Teagan was largely acquitted.
- Juror 12 was excused after trial due to school obligations; district court found reasonable cause.
- Evidence of other fraudulent clinics was admitted under Rule 404(b) to show De Oleo’s intent/knowledge, with a limiting instruction.
- Conviction and sentence were affirmed as the other-acts evidence was admissible and harmless beyond reasonable doubt.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Juror replacement after evidence ended was proper? | De Oleo claims the replacement prejudiced him. | District court had reasonable cause to excuse juror 12. | Yes; no abuse of discretion, no prejudice. |
| Admission of other-acts evidence under Rule 404(b)? | Evidence of Florida/Michigan clinics was irrelevant to De Oleo’s acts. | Evidence showed knowledge, intent, and plan; properly admitted. | Admissible; 403 balancing and limiting instruction preserved fairness. |
Key Cases Cited
- United States v. Cantu, 229 F.3d 544 (6th Cir. 2000) (juror replacement for good cause; abuse of discretion review)
- United States v. Warren, 973 F.2d 1304 (6th Cir. 1992) (balance juror replacement against jury integrity)
- United States v. Brown, 571 F.2d 980 (6th Cir. 1978) (considerations of vagaries in juror circumstances)
- United States v. Shelton, 669 F.2d 446 (7th Cir. 1982) (individual juror circumstances may justify excuse)
- United States v. Virgen-Moreno, 265 F.3d 276 (5th Cir. 2001) (family tragedies can impair juror duty)
- United States v. Marrero, 651 F.3d 453 (6th Cir. 2011) (background evidence may be integral to testimony)
- United States v. Lamar, 466 F. App’x 495 (6th Cir. 2012) (background/related acts as context for 404(b))
- United States v. Kotteakos, 328 U.S. 750 (1946) (harmless-error considerations in evaluating evidence)