Schena

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS JUL 11 2025

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 23-2989 D.C. No. Plaintiff - Appellee, 5:20-cr-00425-EJD-1 v.

MEMORANDUM*

MARK SCHENA,

Defendant - Appellant.

Appeal from the United States District Court for the Northern District of California Edward J. Davila, District Judge, Presiding

Argued and Submitted February 11, 2025 Honolulu, Hawaii

Before: S.R. THOMAS, BRESS, and DE ALBA, Circuit Judges.

Mark Schena appeals his convictions for one count of conspiracy to commit

healthcare fraud, 18 U.S.C. § 1349; two counts of healthcare fraud, 18 U.S.C. §§ 2,

1347; one count of conspiracy to violate the Eliminating Kickbacks in Recovery Act

(EKRA), 18 U.S.C. § 371; two counts of EKRA violations, 18 U.S.C. §§ 2,

220(a)(2); and three counts of securities fraud, 15 U.S.C. §§ 78j, 78ff; 17 C.F.R.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. 240.10b-5; 18 U.S.C. § 2. Schena also appeals his…