Contreras

MEMORANDUM **

Jose Angel Contreras appeals his jury-trial conviction and 121-month sentence for distributing methamphetamine in violation of 21 U.S.C. § 841 (a). We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742 . We affirm Contreras’ conviction, and vacate the restitution aspect of his sentence.

The first issue presented is whether Contreras’ conviction should be reversed because the district court erroneously admitted evidence of Contreras’ juvenile adjudication as impeachment evidence, in violation of Federal Rule of Evidence 609(d). Because defense counsel failed to make a contemporaneous objection when the prior was introduced, we review the decision to admit the evidence for plain error. See United States v. Houser, 804 F.2d 565, 570 (9th Cir.1986). The government concedes error, 1 but argues that the error did not affect Contreras’ substantial rights, given the strength of the evidence indicating his guilt and the fact that a prior adult felony conviction was properly admitted for impeachment purposes. We agree. See United States v. Whitmore, 24 F.3d 32, 34-35 (9th Cir.1994) (per curiam) (stating that in order for a forfeited error to be reversible on…