Warren Dailey v. United States

Whether the Fifth Circuit has so departed from the guidelines mandated by the Supreme Court as they relate to the Ex Post Facto Clause of the United States Constitution concerning punishment of an act which was not a crime when committed as to be in conflict with the law espoused in Calder v. Bull, 3 U.S. 386 (1798); Collins v. Youngblood, 497 U.S. 37 (1990) and Samuels v. McCurdy, 267 U.S. 188 (1925), which is a question of first impression in this Court concerning Medicare fraud.

Whether the Fifth Circuit departed from the mandates of the Supreme Court in Barsky v. Board of Regents, 74 S. Ct. 650 (1954), and Texas law, as held in Looper v. Andrews, 404 S.W.2d 300 (Tex.

and The Methodist Hospital v. German, 369 S.W.3d 333 (Tex. App.--Houston [1st Dist.] 2011, pet. denied), when defining “practicing medicine” and/or providing “care” to a patient.

Whether adopting the Seventh Circuit’s reasoning in United States v. Patel, 778 F.3d 607 (7th Cir. 2015), concerning the elements to be proved in an Anti-Kickback Act prosecution, the Fifth Circuit’s opinion is in direct conflict with Fifth Circuit binding precedent concerning the elements that must be proven in an Anti-Kickback Act prosecution, as so held by the Fifth Circuit in United States v. Davis, 132 F.2d 1092 (5th Cir. 1998), and its progeny.

Whether the Fifth Circuit has so departed from the guidelines mandated by the Supreme Court as they relate to reversible error by refusing to submit jury