Filed: Jan. 27, 2012
Latest Update: Jan. 27, 2012
Summary: Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Torrey Devon Williams appeals from his conviction for possession of a firearm by a convicted felon, which was entered pursuant to his guilty plea. 1 On appeal, he asserts that the district court erred in finding at his Fed. R. Crim. P. 11 hearing that a sufficient factual basis supported his plea. Specifically, Williams contends that there was an insufficient factual basis to support the element of the offense requir
Summary: Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Torrey Devon Williams appeals from his conviction for possession of a firearm by a convicted felon, which was entered pursuant to his guilty plea. 1 On appeal, he asserts that the district court erred in finding at his Fed. R. Crim. P. 11 hearing that a sufficient factual basis supported his plea. Specifically, Williams contends that there was an insufficient factual basis to support the element of the offense requiri..
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Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Torrey Devon Williams appeals from his conviction for possession of a firearm by a convicted felon, which was entered pursuant to his guilty plea.1 On appeal, he asserts that the district court erred in finding at his Fed. R. Crim. P. 11 hearing that a sufficient factual basis supported his plea. Specifically, Williams contends that there was an insufficient factual basis to support the element of the offense requiring that the possession of the firearm was "in or affecting commerce." 18 U.S.C. § 922(g) (2006). We affirm.
Because Williams did not move in the district court to withdraw his guilty plea, our review is for plain error.2 United States v. Martinez, 277 F.3d 517, 525 (4th Cir. 2002). To establish plain error, Williams "must show: (1) an error was made; (2) the error is plain; and (3) the error affects substantial rights." United States v. Massenburg, 564 F.3d 337, 342-43 (4th Cir. 2009). "The decision to correct the error lies within our discretion, and we exercise that discretion only if the error seriously affects the fairness, integrity or public reputation of judicial proceedings." Id. at 343 (internal quotation marks omitted).
Assuming without deciding that the district court committed a clear or obvious error in finding that a sufficient factual basis supported Williams' guilty plea, see United States v. Olano, 507 U.S. 725, 734 (1993) (explaining that "plain" error is "synonymous with clear or . . . obvious" error (internal quotation marks omitted)), Williams still fails to establish plain error because he fails to show that the error affected his substantial rights. In the guilty plea context, a defendant meets this burden by showing that, but for the error, he would not have entered his guilty plea. Massenburg, 564 F.3d at 343. Williams, however, does not suggest that he would not have pled guilty but for the district court's error, and the record does not independently support such a conclusion.
Because Williams cannot show that his substantial rights were affected, he cannot show plain error. Accordingly, we affirm his conviction. 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.
AFFIRMED.