5th Cir.

United States of America Plaintiff— v. Shiva Akula Defendant—

June 8, 2026 ·24-30315 ·Panel Decision ·Stephen A. Higginson · By James Taylor

The Fifth Circuit affirmed the conviction of Dr. Shiva Akula for health care fraud. The court found no error in the district court's decisions regarding expert testimony and the sufficiency of evidence.

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Background

Dr. Akula owned Canon Healthcare, which engaged in fraudulent Medicare billing practices. He was indicted on multiple counts of health care fraud after a series of audits revealed significant billing irregularities.

The court’s reasoning

The court found that the district court did not err in excluding Dr. Akula’s expert witness and that the evidence presented at trial was sufficient to support the convictions. The court also upheld the district court’s decision to impose an upward variance in sentencing due to the seriousness of the offense and Dr. Akula’s lack of acceptance of responsibility.

Finding no error, we AFFIRM.

What it means going forward

The ruling affirms the conviction and sentence, reinforcing the legal standards for health care fraud and the discretion of district courts in sentencing.