United States v. Lewis

               IN THE UNITED STATES COURT OF APPEALS
                       FOR THE FIFTH CIRCUIT



                           No. 97-10122
                         Summary Calendar



UNITED STATES OF AMERICA,

                                         Plaintiff-Appellee,

versus

VINCENT ROCHEL LEWIS,

                                         Defendant-Appellant.

                        - - - - - - - - - -
           Appeal from the United States District Court
                for the Northern District of Texas
                       USDC No. 2:94-CV-184
                        - - - - - - - - - -
                           August 4, 1998
Before JONES, SMITH, and STEWART, Circuit Judges.

PER CURIAM:*

     Federal prisoner Vincent Rochel Lewis, no. 60694-079,

appeals the district court’s denial of his 28 U.S.C. § 2255

motion to vacate, set aside, or correct his sentence.

     Lewis contends that he received ineffective assistance of

counsel when his attorney failed to file an appeal of his

sentence.   Lewis also contends that he received ineffective

assistance of counsel when his attorney failed to object to the

district court’s use of incriminating information in violation of

     *
        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that this opinion should not be published and is not precedent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. 97-10122
                                -2-

U.S.S.G. § 1B1.8 to calculate Lewis’ sentence.    The magistrate

judge found credible counsel’s testimony at an evidentiary

hearing that Lewis never requested an appeal.     See United States

v. Nixon, 881 F.2d 1305, 1310 (5th Cir. 1989).    Also, because the

Government never made any agreement such that § 1B1.8 would apply

to Lewis’ case, any objection on that ground would have been

meritless.   See Clark v. Collins, 19 F.3d 959, 966 (5th Cir.

1994).   Lewis cannot demonstrate that his attorney rendered

deficient performance.   See Strickland v. Washington, 466 U.S.

668, 687 (1984).

     To the extent that Lewis raises an independent issue that

the district court erred by using information prohibited by

§ 1B1.8 to calculate his sentence, it is not a constitutional

issue cognizable under § 2255.     See United States v. Segler, 37

F.3d 1131, 1134 (5th Cir. 1994).    Even if the issue was

cognizable, it is without merit.

     Lewis does not argue on appeal his issues:    1) that he

received ineffective assistance of counsel during plea

bargaining: 2) that the trial court committed errors by failing

to inform him of the nature of the charges and the core concerns

of pleading guilty: 3) that the trial court erred by not advising

Lewis of the contents of the plea agreement; and 4) that the

sentencing court violated several other sentencing guidelines

when sentencing him.   Because Lewis failed to argue these issues,

they are considered abandoned.     See United States v. Madkins, 14
                          No. 97-10122
                               -3-

F.3d 277, 279 n.3 (5th Cir. 1994).

     AFFIRMED.