Little

MEMORANDUM *

Mark D. Little appeals his jury conviction of 26 counts of health care fraud in violation of 18 U.S.C. § 1347 . As the parties are familiar with the facts of this case, we do not recount them here. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

I.

Little argues that the district court committed reversible error in refusing to provide a specific jury instruction that covered his defense theory that his brain injury showed he did not possess the intent to defraud. Whether a district court’s instructions adequately cover a defendant’s theory of the case is reviewed de novo. United States v. Fejes, 232 F.3d 696, 702 (9th Cir.2000).

“[I]t is not reversible error to reject a defendant’s proposed jury instruction on his theory of the case if other instructions adequately cover the defense theory.” United States v. Martinez-Martinez, 369 F.3d 1076, 1083 (9th Cir.2004) (citations omitted). Here, the district court instructed the jury on the elements of health care fraud and specific intent, defined the terms “intent to defraud” and “to defraud,” told the jury that the government had to prove these things beyond a reasonable doubt, and told the jury to…