Serrano

MEMORANDUM **

The facts and procedural posture of the case are known to the parties, and we do not repeat them here. Susan Serrano (“Appellant”) was convicted by a jury for committing health care fraud in violation of 18 U.S.C. § 1347 and sentenced to 78 months imprisonment. On appeal, she asserts that errors at trial and sentencing require the reversal of her conviction and sentence. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm Appellant’s conviction and sentence.

First, Appellant asserts that the district court erred in making certain statements during trial. Because Appellant did not object to these statements at trial or make a motion for a mistrial, we review Appellant’s allegations of judicial misconduct for plain error. See United States v. Morgan, 376 F.3d 1002, 1006-07 (9th Cir.2004). To demonstrate error, Appellant must establish that “the record shows actual bias or leaves an abiding impression that the jury perceived an appearance of advocacy or partiality.” United States v. Laurins, 857 F.2d 529, 537 (9th Cir.1988). We hold that none of the comments referenced by Appellant—stating that Appellant’s counsel was from Los Angeles, telling a witness…