Hubbard

MEMORANDUM ***

Appellant Derrick S. Hubbard (“Hubbard”) appeals his conviction in the district court after pleading guilty to five counts of health care fraud under 18 U.S.C. § 1347 . Hubbard claims that his guilty pleas were not voluntary or knowingly given and that the district court abused its discretion in denying his motion to withdraw his guilty pleas. Because the parties are aware of the facts, we recount them only to the extent necessary to understand this disposition. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm Hubbard’s conviction.

The district court’s denial of a motion to withdraw a guilty plea is reviewed for abuse of discretion. United, States v. Garcia, 401 F.3d 1008, 1011 (9th Cir.2005). “A court abuses its discretion when it rests its decision on an inaccurate view of the law.” Id. (citing Richard S. v. Dep’t of Developmental Servs., 317 F.3d 1080, 1085-86 (9th Cir.2003)).

Under Federal Rule of Criminal Procedure 11(d)(2)(B), a defendant may withdraw a guilty plea after its acceptance but before sentencing if the defendant shows “a fair and just reason for requesting the withdrawal.” Fed.R.Crim.P. 11(d)(2)(B). The “fair and just reason”…