home *** CD-ROM | disk | FTP | other *** search
-
-
- NOTE: Where it is feasible, a syllabus (headnote) will be released, as is
- being done in connection with this case, at the time the opinion is issued.
- The syllabus constitutes no part of the opinion of the Court but has been
- prepared by the Reporter of Decisions for the convenience of the reader.
- See United States v. Detroit Lumber Co., 200 U. S. 321, 337.
-
- SUPREME COURT OF THE UNITED STATES
-
- Syllabus
-
- CUSTIS v. UNITED STATES
- certiorari to the united states court of appeals for
- the fourth circuit
- No. 93-5209. Argued February 28, 1994-Decided May 23, 1994
-
- After the jury convicted petitioner Custis of possession of a firearm
- by a felon and another federal crime, the Government relied on his
- prior state-court convictions for robbery in Pennsylvania and for
- burglary and attempted burglary in Maryland to support a motion
- under the Armed Career Criminal Act of 1984, 18 U. S. C. 924(e)
- (ACCA), which provides for enhancement of the sentence of a con-
- victed firearms possessor who ``has three previous convictions . . .
- for a violent felony or a serious drug offense.'' Custis challenged
- the use for this purpose of the two Maryland convictions on the
- ground, among others, of ineffective assistance of counsel during
- the state prosecutions, but the District Court held that 924(e)(1)
- provides no statutory right to challenge such convictions and that
- the Constitution bars the use of a prior conviction for enhance-
- ment only when there was a complete denial of counsel in the
- prior proceeding. Custis was sentenced to an enhanced term of
- 235 months in prison, and the Court of Appeals affirmed.
- Held:
- 1. With the sole exception of convictions obtained in violation of
- the right to counsel, a defendant in a federal sentencing proceed-
- ing has no right to collaterally attack the validity of previous state
- convictions that are used to enhance his sentence under the
- ACCA. Pp. 4-12.
- (a) Congress did not intend to permit collateral attacks on
- prior convictions under 924(e). The statute's language-which
- applies to a defendant who has ``three previous convictions'' of the
- type specified-focuses on the fact of the conviction, and nothing
- therein suggests that the prior final conviction may be subject to
- attack for potential constitutional errors before it may be counted.
- That there is no implied right of collateral attack under 924(e) is
- strongly supported by 921(a)(20), which provides that a court may
- not count a conviction ``which has been . . . set aside'' by the
- jurisdiction in which the proceedings were held, and thereby
- creates a clear negative implication that courts may count a
- conviction that has not been so set aside; by the contrast between
- 924(e) and other related statutes that expressly permit repeat
- offenders to challenge prior convictions that are used for enhance-
- ment purposes, see, e.g., 21 U. S. C. 851(c); and by Lewis v.
- United States, 445 U. S. 55, in which this Court held that one of
- the predecessors to the current felon in possession of a firearm
- statute did not allow collateral attack on the predicate conviction.
- Pp. 4-8.
- (b) The right, recognized in Burgett v. Texas, 389 U. S. 109,
- and United States v. Tucker, 404 U. S. 443, to collaterally attack
- prior convictions used for sentence enhancement purposes cannot
- be extended beyond the right, established in Gideon v. Wainwright,
- 372 U. S. 335, to have appointed counsel. Since Johnson v.
- Zerbst, 304 U. S. 458, and running through Burgett and Tucker,
- there has been a theme that failure to appoint counsel for an
- indigent defendant was a unique constitutional defect. None of
- the constitutional violations alleged by Custis, including the
- claimed denial of effective assistance of counsel, rises to the level
- of a jurisdictional defect resulting from the failure to appoint
- counsel at all. This conclusion is supported by the interest in
- promoting the finality of judgments and avoiding delay and pro-
- traction of the federal sentencing process, and by the relative ease
- of administering a claim of failure to appoint counsel, as opposed
- to other constitutional challenges. Pp. 8-12.
- 2. However, Custis, who was still ``in custody'' for purposes of
- his state convictions at the time of his federal sentencing under
- 924(e), may attack his state sentences in Maryland or through
- federal habeas corpus review. See Maleng v. Cook, 490 U. S. 492.
- If he is successful in attacking these state sentences, he may then
- apply for reopening of any federal sentence enhanced by the state
- sentences. The Court expresses no opinion on the appropriate
- disposition of such an application. P. 12.
- 988 F. 2d 1355, affirmed.
- Rehnquist, C. J., delivered the opinion of the Court, in which
- O'Connor, Scalia, Kennedy, Thomas, and Ginsburg, JJ., joined.
- Souter, J., filed a dissenting opinion, in which Blackmun and
- Stevens, JJ., joined.
-