A not-so-Happy New Years Eve for Dr. Ashokkumar Babaria, whose 46-month sentence the Third Circuit upheld today. Dr. Babaria was convicted of paying kickbacks to physicians in exchange for Medicare and Medicaid patient referrals. At sentencing, the district court imposed a two-level enhancement for abusing a position of trust. On appeal, the CA3 panel affirmed, holding that Dr. Babaria’s position as medical director and manager of a medical provider qualified as a position of trust under the Guidelines.

The case is United States v. Babaria. Opinion by Barry, joined by Smith and Hardiman. Arguing counsel were Joseph Mancano for the defendant and Glenn Moramarco for the government.