Chetty

*475 MEMORANDUM ***

I

The district court did not abuse its discretion in deciding not to give Ninth Circuit Model Criminal Jury Instruction 4.10 (2000) or a variant in light of the district judge’s instructions to consider witness interest in assessing credibility and cautiously view witness James White’s testimony because of his guilty plea and role as an accomplice.

We have held that “there is no significant distinction between a cautionary instruction on the testimony of an accomplice and a cautionary instruction on one granted immunity.” United States v. Morgan, 555 F.2d 238, 243 (9th Cir.1977). We have also held that the informant credibility instruction, the predecessor to Model Instruction 4.10, need not be used where the district court clearly, albeit generally, advised the jury to scrutinize the credibility of a witness receiving benefits. United States v. Holmes, 229 F.3d 782, 787-88 (9th Cir.2000). Chetty’s case is different from cases where the district court refused to give either an instruction highlighting witness benefit or an accomplice instruction. Cf . People v. Dela Rosa, 644 F.2d 1257, 1260-61 (9th Cir.1981) (per curiam); United States v. Bernard, 625 F.2d…