Dubin v. United States
United States Supreme Court
599 U.S. 110 (2023)
- Written by Jamie Milne, JD
Facts
David Dubin (defendant) submitted a reimbursement claim for $338 to Medicaid for psychological testing performed by a licensed psychologist. In fact, the testing was performed by a licensed psychological assistant, a lesser qualification that would have decreased the reimbursement amount. Dubin was charged with healthcare fraud under federal law. The government argued that Dubin’s conduct also constituted aggravated identity theft under 18 U.S.C. § 1028A(a)(1), an enhancement statute that mandated a minimum two-year prison sentence for named predicate offenses, including healthcare fraud, if the offenses constituted aggravated identity theft. Dubin argued that § 1028A(a)(1) did not apply because the patient’s identification was merely ancillary to his fraudulent overbilling. However, the government claimed that § 1028A(a)(1) applied any time the use of another’s identity helped facilitate a predicate offense. Dubin was convicted of both healthcare fraud and aggravated identity theft. He appealed the aggravated-identity-theft conviction, but the Fifth Circuit affirmed. The United States Supreme Court granted certiorari to clarify the scope of § 1028A(a)(1).
Rule of Law
Issue
Holding and Reasoning (Sotomayor, J.)
Concurrence (Gorsuch, J.)
What to do next…
Here's why 907,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 47,100 briefs, keyed to 996 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
