A pain management doctor convicted of defrauding Medicare and other insurers out of around $30 million lost his Sixth Circuit appeal on Thursday.
The trial court didn’t abuse its discretion by denying Francisco Patino’s motion for a new trial and declining to hold an evidentiary hearing because without any newly discovered evidence, his post-trial motion was time-barred, the court said.
Patino, who practiced in Michigan, initially moved for an evidentiary hearing and a new trial under Rule 33(b)(1). But the facts cited in support of his ineffective-assistance-of-counsel claim were known at the time of trial, Judge
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