United States v. Dyvae Davis ( 2023 )

USCA4 Appeal: 23-4175 Doc: 27 Filed: 12/18/2023 Pg: 1 of 3
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 23-4175
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
DYVAE DAVIS,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern District of North Carolina, at
Elizabeth City. Richard E. Myers, II, Chief District Judge. (2:22-cr-00010-M-RN-1)
Submitted: December 14, 2023 Decided: December 18, 2023
Before GREGORY and RUSHING, Circuit Judges, and MOTZ, Senior Circuit Judge.
Affirmed by unpublished per curiam opinion.
ON BRIEF: Eric J. Foster, Asheville, North Carolina, for Appellant. Michael F. Easley,
Jr., United States Attorney, David A. Bragdon, Assistant United States Attorney, OFFICE
OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Dyvae Davis appeals his conviction following his guilty plea to possession with
intent to distribute fentanyl, in violation of 21 U.S.C. § 841(a)(1), (b)(1)(C), and possession
of a firearm in furtherance of a drug trafficking crime, in violation of 18 U.S.C.
§ 924(c)(1)(A)(i), (D)(ii). On appeal, Davis argues the district court plainly erred by
accepting his guilty plea because the court did not ensure he understood each element of
the § 924(c) offense and because his plea to that offense was not supported by an adequate
factual basis. We affirm.
Because Davis did not move to withdraw his plea or otherwise object to the plea
hearing in the district court, our review is for plain error. United States v. Sanya, 774 F.3d
812, 815 (4th Cir. 2014). A guilty plea is valid if the defendant knowingly, voluntarily,
and intelligently pleads guilty “with sufficient awareness of the relevant circumstances and
likely consequences.” United States v. Fisher, 711 F.3d 460, 464 (4th Cir. 2013) (internal
quotation marks omitted). “In evaluating the constitutional validity of a guilty plea, courts
look to the totality of the circumstances surrounding it, granting the defendant’s solemn
declaration of guilt a presumption of truthfulness.” United States v. Moussaoui, 591 F.3d
263, 278 (4th Cir. 2010) (cleaned up). Before accepting a guilty plea, the district court
must conduct a plea colloquy in which it informs the defendant of, and determines he
understands, the rights he is relinquishing by pleading guilty, the charges to which he is
pleading, and the maximum and any mandatory minimum penalties he faces. Fed. R. Crim.
P. 11(b)(1). The district court also must ensure there is a factual basis for the plea. Fed.
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R. Crim. P. 11(b)(3). Any variance from the requirements of Rule 11 “is harmless error if
it does not affect substantial rights.” Fed. R. Crim. P. 11(h).
We discern no plain error in the district court’s acceptance of Davis’ plea. The
district court adequately ensured Davis understood the elements of the offenses to which
he had agreed to plead guilty. See United States v. DeFusco, 949 F.2d 114, 117 (4th Cir.
1991). And the Government’s factual proffer established a sufficient factual basis for the
§ 924(c) offense. See United States v. Dennis, 19 F.4th 656, 667-68 (4th Cir. 2021)
(discussing factors relevant to determining if firearm furthered drug trafficking crime).
We therefore affirm the criminal judgment. We dispense with oral argument
because the facts and legal contentions are adequately presented in the materials before this
court and argument would not aid the decisional process.
AFFIRMED
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