Filed: Apr. 15, 1998
Latest Update: Mar. 02, 2020
Summary: 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 correc
Summary: 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..
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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that this opinion should not be published and is not precedent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.