This section contains the nature of the case and procedural background.

A grand jury indicted D on one count of conspiracy to commit health care fraud, in violation of 18 U.S.C. § 371. D was also charged with one count of wire fraud, in violation of 18 U.S.C. § 1343. During the trial, Haines testified before the break, immediately after the break, and then again just before the government rested its case. D objected to the second recall of Haines, arguing that the government reserved only the right to recall Haines once, not twice. P explained that it had always planned to recall Haines at the end of the trial but had to 'unexpectedly' recall him earlier to impeach Presson's testimony-the last testimony the jury heard before the three-month continuance. \The district court overruled the objection, explaining that, 'because of the delay we have encountered, I don't see really how D is going to be prejudiced.' The jury convicted D on all counts. The district court sentenced D to eighty-four months' imprisonment and ordered him to pay restitution in the amount of $1,951,080.01. D appealed. D argues that the district court erred in permitting Haines to testify three times during the trial.

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