United States v. Olgin ( 2021 )

Case: 20-50042 Document: 00516067964 Page: 1 Date Filed: 10/25/2021
United States Court of Appeals
for the Fifth Circuit
United States Court of Appeals
Fifth Circuit
FILED
No. 20-50042 October 25, 2021
Summary Calendar
Lyle W. Cayce
Clerk
United States of America,
Plaintiff—Appellee,
versus
Joshua Adam Olgin,
Defendant—Appellant.
Appeal from the United States District Court
for the Western District of Texas
USDC No. 7:19-CR-190-1
Before Smith, Stewart, and Graves, Circuit Judges.
Per Curiam:*
Joshua Adam Olgin appeals his conviction for possession with intent
to distribute five grams or more of actual methamphetamine. For the first
time on appeal, he argues that the district court erred in accepting his guilty
plea because there was an inadequate factual basis as to his intent to distribute
*
Pursuant to 5th Circuit Rule 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opinion should not be published and is not precedent except under the limited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 Circuit Rule 47.5.4.
Case: 20-50042 Document: 00516067964 Page: 2 Date Filed: 10/25/2021
No. 20-50042
or his possession of actual methamphetamine rather than a mixture or
substance containing a detectable amount of methamphetamine. Reviewing
his arguments for plain error in light of the entire record, we affirm. See
United States v. Trejo, 610 F.3d 308, 313 (5th Cir. 2010).
With respect to his intent to distribute, Olgin has failed to establish
that any error by the district court was clear or obvious. See United States v.
Alvarado-Casas, 715 F.3d 945, 952 (5th Cir. 2013); United States v. Kates, 174
F.3d 580, 582 (5th Cir. 1999). With respect to his possession of actual
methamphetamine, even if we assume that the district court clearly or
obviously erred in finding a sufficient factual basis as to that element, Olgin
fails to show that the error affected his substantial rights. See United States v.
Dominguez Benitez, 542 U.S. 74, 83 (2004).
AFFIRMED.
2