United States of America, Plaintiff-appellee, v. Isaias Villalvazo-garcia, Defendant-appellant, 993 F.2d 887 (9th Cir. 1993)

MEMORANDUM^** 

Isaias Villalvazo-Garcia appeals his conviction after a jury trial for importation and possession of marijuana with intent to distribute in violation of 21 U.S.C. §§ 841(a) (1), 952 and 960. Villalvazo-Garcia contends that the district court abused its discretion by ruling that he could be impeached with a prior felony conviction if he testified. We have jurisdiction under 28 U.S.C. § 1291 and affirm.

The government contends that Villalvazo-Garcia cannot raise this claim because he did not testify at trial. We agree. " [T]o preserve an objection to a trial court's ruling that a prior felony conviction could be admitted, a defendant must actually testify at trial." Galindo v. Ylst, 971 F.2d 1427, 1429 (9th Cir.), petition for cert. filed, --- U.S.L.W. ---- (U.S. Dec. 29, 1992) (No. 92-7145). Because Villalvazo-Garcia did not testify, he waived any federal constitutional claim. See id.

AFFIRMED.