United States v. Fraguela

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 98-31185 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus FERNANDO FRAGUELA, Defendant-Appellant. Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 96-339-2-C May 8, 2000 Before GARWOOD, BENAVIDES and DENNIS, Circuit Judges. PER CURIAM:* Fernando Fraguela appeals from his jury-verdict conviction for conspiracy to import cocaine and importation of cocaine. He argues that: (1) three of the Government witnesses were paid in violation of 18 U.S.C. § 201(c)(2); (2) the district court erred by denying his motion for acquittal based on his affirmative defense of entrapment; (3) the Government’s conduct in arranging his arrest deprived the district court of jurisdiction to convict him and violated his rights under the Vienna Convention on * Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. 4. 47.5.4. Consular Relations; (4) the jury’s guilty verdict was not supported by substantial evidence; and (5) the prosecutor challenged potential jurors solely on account of their race. Fraguela’s argument regarding his rights under the Vienna convention, raised for the first time on appeal, is briefed inadequately. As such, it is deemed abandoned. See Yohey v. Collins, 985 F.2d 222, 224-25 (5th Cir. 1993) (arguments must be briefed adequately in order to be preserved for appeal); see also Fed. R. App. P. 28 (a)(9)(A) (appellant’s argument must include citations to the authority and the parts of the record on which the appellant relies). Our review of his remaining arguments fails to disclose any reversible error. Accordingly, the district court’s judgment is AFFIRMED. 2