United States v. Saquon Dozier

USCA4 Appeal: 22-4233 Doc: 18 Filed: 09/01/2023 Pg: 1 of 5
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 22-4233
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
SAQUON DEVON DOZIER,
Defendant - Appellant.
Appeal from the United States District Court for the Middle District of North Carolina, at
Greensboro. William L. Osteen, Jr., District Judge. (1:21-cr-00251-WO-3)
Submitted: July 31, 2023 Decided: September 1, 2023
Before WILKINSON and AGEE, Circuit Judges, and TRAXLER, Senior Circuit Judge.
Dismissed by unpublished per curiam opinion.
ON BRIEF: Mark A. Jones, BELL, DAVIS & PITT, P.A., Winston-Salem, North
Carolina, for Appellant. Nicole Royer DuPre, Assistant United States Attorney, OFFICE
OF THE UNITED STATES ATTORNEY, Greensboro, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
USCA4 Appeal: 22-4233 Doc: 18 Filed: 09/01/2023 Pg: 2 of 5
PER CURIAM:
Saquon Devon Dozier seeks to appeal his conviction and sentence after pleading
guilty to possession of a firearm by a felon. On appeal, Dozier’s attorney has filed a brief
under Anders v. California, 386 U.S. 738 (1967), concluding that there are no nonfrivolous
grounds for appeal but raising the issues of whether his guilty plea and appeal waiver were
knowing and voluntary, and whether his sentence is reasonable. The Government has
moved to dismiss the appeal as barred by Dozier’s appeal waiver. Dozier was notified of
his right to file a pro se supplemental brief but has not done so. We dismiss the appeal.
“In order for a guilty plea to be valid, the Constitution imposes ‘the minimum
requirement that [the] plea be the voluntary expression of [the defendant’s] own choice.’”
United States v. Moussaoui, 591 F.3d 263, 278 (4th Cir. 2010). “It must reflect a voluntary
and intelligent choice among the alternative courses of action open to the defendant.” Id.(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.” Id. (internal
quotation marks omitted). Rule 11 of the Federal Rules of Criminal Procedure “governs
the duty of the trial judge before accepting a guilty plea.” Boykin v. Alabama, 395 U.S.
238, 243 n.5 (1969); United States v. Soloff, 993 F.3d 240, 244 (4th Cir. 2021).
Rule 11 “requires a judge to address a defendant about to enter a plea of guilty, to
ensure that he understands the law of his crime in relation to the facts of his case, as well
as his rights as a criminal defendant.” United States v. Vonn, 535 U.S. 55, 62 (2002). “The
court also must determine that the plea is voluntary and that there is a factual basis for the
2
USCA4 Appeal: 22-4233 Doc: 18 Filed: 09/01/2023 Pg: 3 of 5
plea.” United States v. Williams, 811 F.3d 621, 622 (4th Cir. 2016). We review the entire
record to evaluate a challenge to the validity of a plea. See Greer v. United States, 141 S.
Ct. 2090, 2098 (2021); United States v. Vonn, 535 U.S. 55, 58-59 (2002); United States v.
Heyward, 42 F.4th 460, 467 (4th Cir. 2022). When a defendant appeals the validity of a
guilty plea but did not preserve the challenge in the district court, this Court reviews for
plain error. United States v. Miller, __ F.4th __, 2023 WL 4673749, at *4 (4th Cir. July
21, 2023); United States v. Aplicano-Oyuela, 792 F.3d 416, 422 (4th Cir. 2015).
“We have consistently held that appellate waivers in valid plea agreements are
enforceable.” Soloff, 993 F.3d at 243. “When the government seeks to enforce an appeal
waiver and has not breached the plea agreement, we will enforce the waiver if it is valid
and if the issue being appealed falls within the scope of the waiver.” United States v.
Boutcher, 998 F.3d 603, 608 (4th Cir. 2021) (internal quotation marks omitted). We review
an appeal waiver de novo to determine whether it is enforceable. Id.“A ‘valid’ appeal waiver is one entered by the defendant knowingly and
intelligently, a determination that we make by considering the totality of the
circumstances.” Id. “When a district court questions a defendant during a Rule 11 hearing
regarding an appeal waiver and the record shows that the defendant understood the import
of his concessions, we generally will hold that the waiver is valid.” Id. “[W]e have
explained that ‘a district court’s failure to strictly abide by Rule 11 will not alone render
an appellate waiver unenforceable.’” Soloff, 993 F.3d at 244. “Consistent with Rule 11’s
harmless error provision, ‘[f]orm should not prevail over substance’ in evaluating the
enforceability of appellate waiver provisions.” Id.
3
USCA4 Appeal: 22-4233 Doc: 18 Filed: 09/01/2023 Pg: 4 of 5
“Plea agreements are grounded in contract law, and as with any contract, each party
is entitled to receive the benefit of his bargain.” United States v. Edgell, 914 F.3d 281, 287
(4th Cir. 2019) (internal quotation marks omitted). But, “[a] defendant who waives his
right to appeal a plea ‘retains the right to obtain appellate review of his sentence on certain
limited grounds.’” United States v. McCoy, 895 F.3d 358, 363 (4th Cir. 2018). “An appeal
waiver does not preclude a defendant from challenging a sentence ‘based on a
constitutionally impermissible factor’ or ‘a sentence imposed in excess of the maximum
penalty provided by statute.’” United States v. Cornette, 932 F.3d 204, 209 (4th Cir. 2019).
Moreover, “even valid appeal waivers do not bar claims that a factual basis is insufficient
to support a guilty plea.” McCoy, 895 F.3d at 364. “The rationale for these exceptions is
that they present claims that if true, would render the plea itself unknowing or involuntary.”
Id. at 363; see also United States v. Adams, 814 F.3d 178, 182 (4th Cir. 2016) (noting this
Court will not enforce an appeal waiver if doing so would result in a miscarriage of justice,
and ruling that cognizable claim of actual innocence fell outside scope of waiver).
Upon our review of the record, we conclude that Dozier has not shown any plain
error by the district court in accepting his guilty plea affecting his substantial rights, and
his guilty plea was knowing and voluntary. We further conclude that Dozier knowingly
and voluntarily waived his right to appeal his conviction and sentence, and the issues raised
on appeal fall within the scope of the waiver. We have also reviewed the record for any
potentially meritorious issues that might fall outside the waiver and have found none.
Accordingly, we grant the Government’s motion to dismiss the appeal. This court
requires that counsel inform Dozier, in writing, of his right to petition the Supreme Court
4
USCA4 Appeal: 22-4233 Doc: 18 Filed: 09/01/2023 Pg: 5 of 5
of the United States for further review. If Dozier requests that a petition be filed, but
counsel believes that such a petition would be frivolous, then counsel may move in this
court for leave to withdraw from representation. Counsel’s motion must state that a copy
thereof was served on Dozier. We dispense with oral argument because the facts and legal
contentions are adequately presented in the materials before the court and argument would
not aid the decisional process.
DISMISSED
5