MEMORANDUM**

Jasinto Cornejo-Arsate appeals his conviction for conspiracy to possess with intent to distribute heroin and aiding and abetting possession of heroin with intent to distribute, in violation of 18 U.S.C. Sec. 2 and 21 U.S.C. Secs. 841(a)(1) and 846. He contends that two comments made by the prosecutor in closing argument referring to the weight of the evidence against him and the credibility of his testimony deprived him of a fair trial. His defense counsel did not object to the comments at trial.

The judgment of conviction is affirmed. The comments did not constitute plain error. See United States v. Young, 470 U.S. 1, 15-16 (1985). There is nothing in the record to suggest that the prosecutor misstated or exceeded the evidence. See United States v. Marques, 600 F.2d 742, 749 (9th Cir.), cert. denied, 444 U.S. 858 (1979). Nor were the prosecutor's inferences so gross as to probably prejudice Cornejo-Arsate. United States v. Birges, 723 F.2d 666, 672 (9th Cir.), cert. denied, 466 U.S. 943 (1984). Further, any prejudice which might have been caused to Cornejo-Arsate was neutralized by the trial judge's statements to the jury that the arguments by counsel were not evidence. See United States v. Potter, 616 F.2d 384, 392 (9th Cir.1979).

AFFIRMED.