Hearns

NOT FOR PUBLICATION FILED

FEB 5 2025

UNITED STATES COURT OF APPEALS

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 23-2678 D.C. No. Plaintiff - Appellee, 2:15-cr-00474-PSG-10 v.

MEMORANDUM*

GREGORY HEARNS,

Defendant - Appellant.

Appeal from the United States District Court for the Central District of California Philip S. Gutierrez, District Judge, Presiding

Submitted February 3, 2025** Pasadena, California

Before: WARDLAW, CALLAHAN, and HURWITZ, Circuit Judges.

Gregory Hearns appeals his conviction and sentence for one count of health

care fraud in violation of 18 U.S.C. § 1347. We have jurisdiction under 28 U.S.C.

§ 1291 and 18 U.S.C. § 3742, and we affirm.

1. Hearns argues that the district court erred in responding to a jury note

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). by failing to correct the jury’s purported misunderstanding about whether…