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DUBIN v. UNITED STATES

No. 22-10.

143 S.Ct. 1557 (2023)

599 U.S. 110

David Fox DUBIN, Petitioner, v. UNITED STATES.

Supreme Court of United States.

Decided June 8, 2023.

Attorney(s) appearing for the Case

Jeffrey L. Fisher, Menlo Park, CA, for Petitioner.

Vivek Suri, New York, NY, for Respondent.

Anton Metlitsky, Bruce Pettig, O'Melveny & Myers LLP, New York, NY, Jason Zarrow, O'Melveny & Myers LLP, Los Angeles, CA, Michael C. Gross, Gross & Esparza, PLLC, San Antonio, TX, Jeffrey L. Fisher, Counsel of Record, Pamela S. Karlan, Easha Anand, Stanford Law School Supreme Court Litigation Clinic, Stanford, CA, for Petitioner.

Elizabeth B. Prelogar, Solicitor General, Counsel of Record, Kenneth A. Polite, Jr., Assistant Attorney General, Eric J. Feigin, Deputy Solicitor General, Vivek Suri, Assistant to the Solicitor General, Kevin J. Barber, Attorney, Department of Justice, Washington, DC, for United States.

There is no dispute that petitioner David Fox Dubin overbilled Medicaid for psychological testing. The question is whether, in defrauding Medicaid, he also committed "[a]ggravated identity theft," 18 U.S.C. § 1028A(a)(1), triggering a mandatory...

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