Bailey

MEMORANDUM *

Donald D. Bailey appeals his conviction following a guilty plea, pursuant to a plea agreement, to one count of filing a false tax return in violation of 26 U.S.C. § 7206 (1). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Bailey contends that, because he is actually innocent, the district court erred in denying his motion to withdraw his guilty plea before sentencing. We review the district court’s decision to deny a defendant’s motion to withdraw a guilty plea for abuse of discretion. United States v. Rios-Ortiz, 830 F.2d 1067, 1069 (9th Cir.1987). A district court may permit withdrawal of a guilty plea prior to sentencing upon a showing by the defendant of any fair and just reason. Fed. R. Crim P. *756 32(d). A defendant has no absolute right to withdraw his guilty plea. United States v. Signori, 844 F.2d 635, 637 (9th Cir.1988). Rather, a motion to withdraw is committed to the sound discretion of the district court. Id. Although Bailey testified at the evidentiary hearing on the motion that he was actually innocent, the district court found his testimony not credible. Because the district court found the facts against Bailey, and those…