UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 11-4413
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
QUINCY LAMONT SALLIEY,
Defendant - Appellant.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. Richard D. Bennett, District Judge.
(1:10-cr-00298-RDB-1)
Submitted: February 9, 2012 Decided: February 13, 2012
Before WILKINSON, AGEE, and FLOYD, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Gerald C. Ruter, THE LAW OFFICE OF GERALD C. RUTER, P.C.,
Towson, Maryland, for Appellant. Rod J. Rosenstein, United
States Attorney, Benjamin M. Block, Assistant United States
Attorney, Baltimore, Maryland, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Quincy Lamont Salliey pled guilty pursuant to a
written plea agreement to possession of a firearm by a convicted
felon, in violation of 18 U.S.C. § 922(g)(1) (2006). The
parties further agreed, pursuant to Fed. R. Crim. P.
11(c)(1)(C), to a sentence of 204 months’ imprisonment, which
Salliey ultimately received. On appeal, Salliey argues that his
guilty plea was not knowing and voluntary. We affirm.
Salliey did not move to withdraw his guilty plea
below; we therefore review the adequacy of the plea for plain
error. United States v. Massenburg, 564 F.3d 337, 342 (4th Cir.
2009). To establish plain error, Salliey “must show: (1) an
error was made; (2) the error is plain; and (3) the error
affects substantial rights.” Id. at 342–43. Even if such error
is found, it is within this court’s discretion to notice the
error, and we do so “only if the error seriously affects the
fairness, integrity or public reputation of judicial
proceedings.” Id. at 343 (internal quotation marks omitted).
We evaluate a guilty plea based on “the totality of
the circumstances” surrounding the guilty plea. United
States v. Moussaoui, 591 F.3d 263, 278 (4th Cir. 2010). A
properly conducted Rule 11 colloquy creates a “strong
presumption” that a plea of guilty was taken appropriately and
is “final and binding.” United States v. Lambey, 974 F.2d 1389,
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1394 (4th Cir. 1992) (en banc). “Solemn declarations in open
court carry a strong presumption of verity. The subsequent
presentation of conclusory allegations unsupported by specifics
is subject to summary dismissal, as are contentions that in the
face of the record are wholly incredible.” Blackledge v.
Allison, 431 U.S. 63, 74 (1977).
Here, the totality of the circumstances establishes
that Salliey’s guilty plea was knowingly and voluntarily
entered. Accordingly, we affirm the judgment. 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
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