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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
SARDAR ASHRAFKHAN,
Defendant-Appellant.
   No. 17-1918
Appeal from the United States District Court
for the Eastern District of Michigan at Detroit.
No. 2:11-cr-20551-12—Robert H. Cleland, District Judge.
Argued: April 29, 2020
Decided and Filed: July 10, 2020
Before: BOGGS, GRIFFIN, and READLER, Circuit Judges.


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OPINION
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BOGGS, Circuit Judge. Sardar Ashrafkhan came to the United States in 1991 after receiving a scholarship to study at Michigan State University. He earned a Ph.D. in 1996 with a research focus on pathology and the genetics of cancer. He settled in Ypsilanti, Michigan and soon became an active member of the community. However, according to prosecutors, Ashrafkhan’s life did not continue so wholesomely. In 2006, he founded Compassionate Doctors (“Compassionate”), a medical practice outside of Detroit. But it appears that Compassionate was nothing more than a sham, and indeed was a “pill mill,” where unscrupulous doctors would write fraudulent prescriptions for fake patients. Compassionate would then bill Medicare for the fake patient visits, and it collected millions of dollars in Medicare payments over the course of several years. Worse yet, the fraudulent prescriptions would be filled by individuals recruited by Compassionate at pharmacies that paid Compassionate kickbacks. Those drugs would then be sold on the street, resulting in hundreds of thousands of opioid-based drugs being distributed onto the illegal drug market.

Ashrafkhan was tried and convicted of one count of conspiracy to distribute controlled substances, one count of conspiracy to commit healthcare fraud, and two counts of money laundering. He was sentenced to twenty-three years of imprisonment. Ashrafkhan now appeals, raising a number of arguments against his prosecution, ranging from his indictment to his sentencing. We affirm Ashrafkhan’s conviction and sentence, writing for publication only with regard to our discussion of the jury instruction on reasonable doubt. All other issues raised by Ashrafkhan are addressed and decided in an unpublished appendix to this opinion.



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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
WAYNE RUSSELL FUGATE,
Defendant-Appellant.
   No. 19-6163
Appeal from the United States District Court
for the Eastern District of Kentucky at Lexington.
No. 5:19-cr-00038-3—Danny C. Reeves, District Judge.
Decided and Filed: July 10, 2020
Before: MOORE, SUTTON, and WHITE, Circuit Judges.


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OPINION
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KAREN NELSON MOORE, Circuit Judge. Wayne Russell Fugate pleaded guilty to being a felon in possession of a firearm in connection with a firearms-trafficking operation. At sentencing, the district court applied two separate enhancements for the same conduct: an enhancement under U.S.S.G. § 2K2.1(b)(5) for engaging in trafficking of firearms, and an enhancement under U.S.S.G. § 2K2.1(b)(6)(B) for possessing or trafficking firearms in connection with another felony—here, knowingly trafficking stolen firearms under 18 U.S.C. § 922(j). We hold that applying the § 2K2.1(b)(6)(B) enhancement based on knowingly trafficking stolen firearms under § 922(j) was impermissible double-counting under the Sentencing Guidelines. We accordingly REVERSE the district court’s sentence of Fugate to 97 months’ imprisonment and REMAND for resentencing.



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SUSAN HICKS; DON WILLIAMS,
Plaintiffs-Appellees,
v.
STATE FARM FIRE AND CASUALTY COMPANY,
Defendant-Appellant.
   No. 19-5719
Appeal from the United States District Court
for the Eastern District of Kentucky at Ashland.
No. 0:14-cv-00053—Henry R. Wilhoit, Jr., District Judge.
Argued: June 16, 2020
Decided and Filed: July 10, 2020
Before: GIBBONS, McKEAGUE, and STRANCH, Circuit Judges.


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OPINION
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JANE B. STRANCH, Circuit Judge. Defendant State Farm Fire and Casualty Company appeals the district court’s ruling certifying a class of Kentucky homeowners who allege that State Farm improperly withheld labor depreciation from payments due to them under their insurance policies. Because the district court did not abuse its discretion in certifying the class, we AFFIRM the class certification order and REMAND for further proceedings.



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DIJANA KILIC,
Petitioner,
v.
WILLIAM P. BARR, Attorney General,
Respondent.
   No. 19-4076
On Petition for Review from the Board of Immigration Appeals;
No. A 077 465 716.
Decided and Filed: July 10, 2020
Before: DONALD, THAPAR, and NALBANDIAN, Circuit Judges.


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OPINION
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THAPAR, Circuit Judge. Dijana Kilic is a national of Bosnia and Herzegovina and was a lawful permanent resident of the United States. A Michigan court sentenced Kilic to five to twenty years of imprisonment for conspiracy to commit armed robbery. Under the Immigration and Nationality Act, that made her deportable. See 8 U.S.C. §§ 1101(a)(43)(G), (U), 1227(a)(2)(A)(iii). Kilic sought removal relief but an immigration judge denied it. The Board of Immigration Appeals affirmed.