Gillilland

MEMORANDUM *

Jay Bernard Gillilland (“Gillilland”) appeals from the district court’s denial of his motion to withdraw his guilty plea to charges of (1) conspiracy to possess cocaine with the intent to distribute, a violation of 21 U.S.C. § 846 , and (2) possession and receipt of child pornography, a violation of 18 U.S.C. § 2252 . Gillilland argues that the erroneous legal advice he received from his attorney regarding his right to challenge the search warrants that led to his arrest and prosecution constituted a fair and just reason to withdraw his plea. Gillilland also contends that counsel’s advice regarding the plea constituted ineffective assistance of counsel that rendered the plea involuntary. We have jurisdiction under 28 U.S.C. §§ 1291 and 1294(1), and we affirm.

We review for an abuse of discretion the district court’s order denying a motion to *414 withdraw a guilty plea. United States v. Davis, 428 F.3d 802, 805 (9th Cir.2005); United States v. Garcia, 909 F.2d 1346, 1348 (9th Cir.1990). A plea withdrawal motion filed pre-sentencing may be granted if the defendant can show a “fair and just” reason for the request. Davis, 428 F.3d at 805 (quoting Fed.R.Crim.P.…