Case: 24-10062 Document: 65-1 Page: 1 Date Filed: 11/06/2024

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit

No. 24-10062 FILED November 6, 2024 Summary Calendar ____________ Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Brian Daniel Ramirez, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Northern District of Texas USDC No. 4:23-CR-249-1 ______________________________ Before Elrod, Chief Judge, and Haynes and Duncan, Circuit Judges.

Per Curiam: * Brian Daniel Ramirez appeals his guilty plea conviction for conspiracy to possess with intent to distribute a controlled substance. He argues that the factual basis for his plea was insufficient to establish that his conduct constituted a drug conspiracy offense. Because he raises this argument for

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 24-10062 Document: 65-1 Page: 2 Date Filed: 11/06/2024

No. 24-10062

the first time on appeal, we review it for plain error. See United States v. Trejo, 610 F.3d 308, 313 (5th Cir. 2010).

According to Ramirez, the factual basis did not establish an agreement between him and his co-conspirators to distribute narcotics or his knowledge of that agreement. The entirety of the record provides a sufficient basis to establish both the existence of the requisite agreement and Ramirez’s knowledge of that agreement. See United States v. Aguirre-Rivera, 8 F.4th 405, 410 (5th Cir. 2021); United States v. Harris, 740 F.3d 956, 962–63 (5th Cir. 2014); Trejo, 610 F.3d at 317. Ramirez has therefore failed to show clear or obvious error concerning the factual basis. See Puckett v. United States, 556 U.S. 129, 135 (2009).

The district court’s judgment is AFFIRMED.