U.S. Court of Appeals for the Fifth Circuit, 2008

United States v. Kollar

United States v. Kollar
U.S. Court of Appeals for the Fifth Circuit · Decided December 10, 2008 · Davis, Wiener, Prado
302 F. App'x 322

United States v. Kollar

Opinion

PER CURIAM: *

Benjamin Michael Rollar pleaded guilty to the charge of possession with intent to *323 distribute 100 kilograms or more of marijuana. Kollar has appealed, contending that the district court clearly erred in overruling his objection to the probation officer’s drug-quantity determination. Kollar contends that the district court erred in extrapolating the quantity attributable to him as relevant conduct.

The district court’s drug-quantity finding was based primarily on Kollar’s own statements. The finding is not clearly erroneous because it is plausible in light of the record as a whole. See United States v. Cisneros-Gutierrez, 517 F.3d 751, 764 (5th Cir. 2008). Kollar has not shown that the district court abused its discretion in imposing the sentence. See Gall v. United States, — U.S.—, 128 S.Ct. 586, 596-97, 169 L.Ed.2d 445 (2007). The judgment is AFFIRMED.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be *323 published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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