UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

UNITED STATES OF AMERICA,
Plaintiff-Appellee,

v.                                                                     No. 96-4436

JOHN WESLEY BROOKS, a/k/a Tucker,
Defendant-Appellant.

Appeal from the United States District Court
for the District of South Carolina, at Orangeburg.
Charles E. Simons, Jr., Senior District Judge.
(CR-95-320)

Submitted: March 13, 1997

Decided: March 24, 1997

Before HALL, ERVIN, and WILKINS, Circuit Judges.

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Affirmed by unpublished per curiam opinion.

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COUNSEL

Tara Dawn Shurling, Columbia, South Carolina, for Appellant.
J. Rene Josey, United States Attorney, Cameron G. Chandler, Assis-
tant United States Attorney, Columbia, South Carolina, for Appellee.

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Unpublished opinions are not binding precedent in this circuit. See
Local Rule 36(c).

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OPINION

PER CURIAM:

John Wesley Brooks appeals from his criminal sentence, and we
affirm. Brooks alleges that the Government breached his plea agree-
ment by failing to polygraph his co-defendants, whose testimony was
used to fix the amount of drugs for which Brooks was responsible.
Brooks also contends that his erroneous belief that the Government
would polygraph his co-defendants, if he himself was polygraphed,
constituted a material mistake justifying specific enforcement of the
agreement.

The Government informed Brooks that it was not going to move
for a downward departure for substantial assistance because it
believed that Brooks had not been completely truthful. Brooks then
insisted on a polygraph evaluation, which he failed. A revised presen-
tence report was prepared attributing Brooks with more drugs than
discussed in the plea agreement. The factual basis for the new quan-
tity was statements by co-defendants who had not been polygraphed.

Our review of the record reveals that the Government did not
breach the plea agreement. The agreement clearly states that Brooks's
unsatisfactory performance on a polygraph test would relieve the
Government of all obligations under the agreement. The plea agree-
ment neither discussed nor provided for polygraph examinations of
co-defendants or anyone else other than Brooks. Thus, we find that
Brooks failed to prove the Government's breach. See United States v.
Conner, 930 F.2d 1073, 1076 (4th Cir. 1991). In addition, we find that
any subjective understanding Brooks had regarding a duty to poly-
graph his co-defendants was unreasonable in the face of the unambig-
uous agreement and, therefore, does not entitle Brooks to specific
performance of the agreement.

Accordingly, we affirm Brooks's sentence. We dispense with oral
argument because the facts and legal contentions are adequately pres-
ented in the materials before the court and argument would not aid the
decisional process.

AFFIRMED

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