United States v. Robert Turchin

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 18-10464 Plaintiff-Appellee, D.C. No. v. 2:15-cr-00161-

GEB-

ROBERT TURCHIN,

Defendant-Appellant. OPINION

Appeal from the United States District Court for the Eastern District of California Garland E. Burrell, Jr., District Judge, Presiding

Argued and Submitted October 13, 2020 San Francisco, California

Filed January 3, 2022

Before: Ferdinand F. Fernandez, Kim McLane Wardlaw, and Daniel P. Collins, Circuit Judges.

Opinion by Judge Collins; Partial Concurrence and Partial Dissent by Judge Fernandez SUMMARY *

Criminal Law

The panel affirmed in part, reversed in part, and vacated in part Robert Turchin’s jury conviction and sentence arising from his participation in a scheme to issue California commercial driver’s licenses to persons who had not passed the requisite tests.

Turchin was convicted of three counts of fraud involving identification documents in violation of 18 U.S.C. § 1028(a)(1) and one count, under 18 U.S.C. § 371, of conspiracy to violate the prohibitions on bribery concerning a…