Villalon

MEMORANDUM **

Petitioner-Appellant Jose Manuel Villalon (‘Villalon”) appeals the district court’s denial of his habeas petition filed pursuant to 28 U.S.C. § 2254 . In his petition, Villalon challenges his conviction for possession of methamphetamine and being under the influence of methamphetamine. Villalon claims that his due process rights were violated by the trial judge’s failure to give the jury a limiting instruction on the use of incriminating statements Villalon made to his parole officer during a custodial interrogation in which Villalon was not re-advised of his constitutional rights. The district court denied Villalon’s habeas petition after concluding that there was no violation under Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966), and thus no need for a limiting instruction. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Miranda re-advisement is not required “simply because there is a break in questioning,” where the defendant was previously properly advised and had waived his Miranda rights. People v. Dela Pena, 72 F.3d 767, 769-70 (9th Cir.1995); see also United States v. Rodriguez-Preciado, 399 F.3d 1118, 1130 (9th…