Conference Calendar UNITED STATES OF AMERICA v. Benjamin Michael Kollar

* 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should not be published and is not precedent except under the limited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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 08-50301
Conference Calendar
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
BENJAMIN MICHAEL KOLLAR
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 3:07-CR-2307-ALL
Before DAVIS, WIENER, and PRADO, Circuit Judges.
PER CURIAM:*
Benjamin Michael Kollar pleaded guilty to the charge of possession with
intent to 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.
United States Court of Appeals
Fifth Circuit
F I L E D
December 10, 2008
Charles R. Fulbruge III
Clerk

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No. 08-50301
2
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-Guiterrez, 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 128 S. Ct. 586,
596-97 (2007). The judgment is AFFIRMED.

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