United States v. Weaver ( 1998 )


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  •                IN THE UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT
    No. 96-41137
    Summary Calendar
    UNITED STATES OF AMERICA,
    Plaintiff-Appellee,
    versus
    JOSÉ LUIS WEAVER,
    Defendant-Appellant.
    - - - - - - - - - -
    Appeal from the United States District Court
    for the Southern District of Texas
    USDC No. 93-CV-226
    - - - - - - - - - -
    April 14, 1998
    Before JOLLY, BENAVIDES, and PARKER, Circuit Judges.
    PER CURIAM:*
    José Luis Weaver appeals the district court’s denial of his
    motion to vacate, set aside, or correct his sentence pursuant to
    
    28 U.S.C. § 2255
    .   Weaver argued in the district court that his
    attorneys performed ineffectively in preparing for trial, by
    failing to explain his plea agreement; by failing to require the
    Government to honor the agreement, and for failing to object to
    the alleged breach of the agreement at sentencing; that the
    Government breached the plea agreement; and that his plea was not
    *
    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    that this opinion should not be published and is not precedent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.
    No. 96-41137
    -2-
    knowing and voluntary.   Weaver has abandoned his challenge to the
    voluntariness of his plea by failing to argue the issue in this
    court.   FED. R. APP. P. 28(a)(6).   Because Weaver does not
    challenge the voluntariness of his plea, he has waived his
    arguments that counsel was ineffective for failing to evaluate
    his case, consult with him on tactical decisions, and explain the
    proposed plea bargain. See Nelson v. Hargett, 
    989 F.2d 847
    , 850
    (5th Cir. 1993).   Having reviewed the record and the briefs of
    the parties, we HOLD that, as the Government did not breach the
    plea agreement, counsel was not ineffective for failing to object
    to the alleged breach.   See United States v. Garcia-Bonilla, 
    11 F.3d 45
    , 46 (5th Cir. 1993).
    AFFIRMED.
    

Document Info

Docket Number: 96-41137

Filed Date: 4/15/1998

Precedential Status: Non-Precedential

Modified Date: 4/18/2021