Cruz

MEMORANDUM *

Jose Palomo Cruz, Jr. appeals his conviction, after a jury trial, on one count of conspiracy to distribute methamphetamine and one count of conspiracy to distribute marijuana, in violation of 21 U.S.C. §§ 846 and 841(a)(1), (b)(l)(A)(viii), (b)(1)(C). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

I

The district court did not plainly err in instructing the jury in the respects claimed. The instructions that were given guided the jury’s consideration of Czirak’s credibility, Czirak was thoroughly impeached, and both parties argued that he was a liar and a felon. See United States v. Ketola, 478 F.2d 64, 66 (9th Cir.1973). While a limiting instruction should have been given about use of Czirak’s guilty plea, see United States v. Halbert, 640 F.2d 1000, 1004 (9th Cir.1981), no objection was made to its admissibility or to failure to instruct on its use. Nor was an instruction requested. Both parties referred to Czirak’s guilty plea in connection with his credibility; it was not unduly emphasized, and was not used by counsel for an improper purpose. In these circumstances, we cannot say that plain and reversible error affecting Cruz’s substantial rights…