Payne

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS APR 8 2025

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 23-1592

Plaintiff - Appellee, D.C. No. 8:17-cr-00053-JLS-

v.

MEMORANDUM*

DAVID HOBART PAYNE,

Defendant - Appellant.

Appeal from the United States District Court for the Central District of California Josephine L. Staton, District Judge, Presiding

Submitted March 28, 2025** Pasadena, California

Before: TASHIMA, NGUYEN, and MENDOZA, Circuit Judges.

Defendant-Appellant David Payne (“Payne”) appeals his jury conviction for

conspiracy and substantive violations of the honest-services fraud statute,

U.S.C. § 371 (Conspiracy) and §§ 1343, 1346 (Wire Fraud Involving Deprivation

* 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). of Honest Services), and for using an interstate facility in aid of unlawful activity

under the Travel…