IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _____________________ No. 98-40928 _____________________

UNITED STATES OF AMERICA Plaintiff-Appellee v. MARIO TREVINO TUNCHEZ Defendant-Appellant _________________________________________________________________ Appeal from the United States District Court for the Southern District of Texas, Brownsville (B-98-CR-158-2) _________________________________________________________________ January 10, 2001 Before KING, Chief Judge, and HIGGINBOTHAM and DUHÉ, Circuit Judges.

PER CURIAM:* With the benefit of able oral argument by both counsel, we are persuaded that there was no plain error when, at the commencement of trial, the district court failed to give a limiting instruction relating to the guilty plea of a co- defendant that had occurred between voir dire and trial.

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.

The judgment of conviction and sentence of defendant- appellant Mario Trevino Tunchez are AFFIRMED.