custis
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february
decided
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jury
convicted
petitioner
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federal
crime
government
relied
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state
convictions
robbery
pennsylvania
burglary
attempted
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maryland
support
motion
armed
career
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act
acca
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convicted
firearms
possessor
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previous
convictions
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language
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ii
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aside
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statutes
expressly
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offenders
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convictions
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lewis
held
one
predecessors
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felon
possession
firearm
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right
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texas
tucker
collaterally
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convictions
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sentence
enhancement
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right
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wainwright
appointed
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since
johnson
zerbst
running
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tucker
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defendant
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time
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sentencing
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sentences
maryland
federal
habeas
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review
see
maleng
cook
successful
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scalia
kennedy
thomas
ginsburg
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souter
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blackmun
stevens
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chief
justice
rehnquist
delivered
opinion
armed
career
criminal
act
acca
raises
penalty
possession
firearm
felon
maximum
years
prison
mandatory
minimum
sentence
years
maximum
life
prison
without
parole
defendant
three
previous
convictions
violent
felony
serious
drug
offense
granted
certiorari
determine
whether
defendant
federal
sentencing
proceeding
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collaterally
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validity
previous
state
convictions
used
enhance
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acca
hold
defendant
right
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exception
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obtained
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counsel
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attack
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convictions
baltimore
city
police
arrested
petitioner
daniel
custis
july
federal
grand
jury
indicted
three
counts
possession
cocaine
intent
distribute
violation
use
firearm
connection
drug
trafficking
offense
violation
possession
firearm
convicted
felon
violation
trial
custis
district
district
maryland
government
notified
custis
seek
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penalty
offense
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charged
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prior
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pennsylvania
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conviction
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conviction
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maryland
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conviction
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custis
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intent
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charge
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intent
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sentencing
hearing
government
moved
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based
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convictions
included
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sentence
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challenged
use
two
maryland
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sentence
enhancement
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lawyer
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plea
knowing
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required
boykin
alabama
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attorney
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advise
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trial
rather
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challenged
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district
letter
ruling
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performance
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case
fall
standard
professional
competence
required
strickland
washington
order
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counsel
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plea
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plea
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noted
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cases
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right
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convictions
relied
upon
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md
district
went
state
constitution
bars
use
prior
conviction
sentence
enhancement
complete
denial
counsel
prior
proceeding
citing
gideon
wainwright
tucker
burgett
texas
based
custis
offense
level
criminal
history
category
vi
district
imposed
sentence
months
prison
appeals
affirmed
recognized
right
defendant
completely
deprived
counsel
assert
collateral
attack
prior
convictions
since
defendant
lost
ability
assert
constitutional
rights
citing
johnson
zerbst
citing
substantial
burden
prosecutors
district
courts
appeals
dismissed
custis
challenges
prior
convictions
custis
type
pose
risk
unduly
delaying
protracting
entire
sentencing
process
prospect
inquiries
led
express
great
reluctance
forcing
district
courts
overcome
inadequacy
unavailability
state
records
witnesses
trying
determine
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sentences
quoting
jones
addition
practical
hurdles
appeals
specified
concerns
comity
federalism
factors
weighing
permitting
collateral
attacks
federal
courts
forums
relitigate
state
trials
quoting
barefoot
estelle
granted
certiorari
appeals
decision
conflicted
recent
decisions
courts
appeals
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defendants
challenge
prior
convictions
used
sentencing
custis
argues
acca
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defendants
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sentencing
purposes
looking
language
statute
believe
authorizes
collateral
attacks
acca
provides
enhanced
sentence
person
unlawfully
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firearm
violation
custis
three
previous
convictions
referred
section
title
violent
felony
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drug
offense
section
applies
whenever
defendant
found
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three
previous
convictions
type
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focuses
fact
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person
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chapter
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passage
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congress
enacted
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comprehensive
drug
abuse
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forth
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defendant
challenge
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prior
conviction
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enhance
sentence
federal
drug
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person
denies
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conviction
claims
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invalid
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goes
provide
person
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alleged
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sentence
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make
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custis
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lewis
also
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conclusion
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convictions
used
sentence
enhancement
purposes
subject
collateral
attack
sentence
proceeding
lewis
interpreted
app
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one
predecessors
current
felon
possession
firearm
statute
section
aimed
person
convicted
state
felony
concluded
othing
face
statute
suggests
congressional
intent
limit
coverage
persons
whose
convictions
subject
collateral
attack
quoting
culbert
lack
intent
also
contrasted
federal
statutes
explicitly
permitted
defendant
challenge
validity
constitutionality
predicate
felony
see
note
following
ch
dangerous
special
offender
recidivism
comprehensive
drug
abuse
prevention
control
act
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expressed
intent
contrast
federal
statutes
led
us
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prosecution
open
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form
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contrast
statutes
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supra
point
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custis
congress
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permits
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prior
convictions
constitution
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allowed
relies
upon
decisions
burgett
texas
tucker
support
argument
decisions
relied
upon
earlier
decision
gideon
wainwright
holding
sixth
amendment
constitution
required
indigent
defendant
state
proceedings
counsel
appointed
gideon
turn
overruled
earlier
decision
betts
brady
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sixth
amendment
right
counsel
long
applied
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proceedings
made
applicable
due
process
clause
due
process
clause
betts
held
required
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counsel
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state
courts
upon
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betts
brady
decided
held
failure
appoint
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defendant
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proceeding
violated
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amendment
subject
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federal
habeas
corpus
johnson
zerbst
time
underlying
habeas
statute
construed
allow
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final
judgments
conviction
rendering
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albeit
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moore
dempsey
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said
accused
however
represented
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waived
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sixth
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valid
conviction
sentence
depriving
life
liberty
judgment
conviction
pronounced
without
jurisdiction
void
one
imprisoned
thereunder
may
obtain
release
habeas
corpus
following
decision
gideon
decided
burgett
texas
supra
defendant
charged
texas
recidivist
statute
subject
four
previous
felony
convictions
prosecutor
introduced
certified
records
one
defendant
earlier
convictions
tennessee
defendant
objected
admission
conviction
ground
represented
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right
counsel
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finding
certified
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face
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void
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custis
constitutionally
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gideon
inherently
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use
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prior
conviction
sentence
enhancement
undermine
principle
gideon
similar
situation
arose
tucker
supra
defendant
convicted
bank
robbery
california
sentencing
district
conducted
inquiry
defendant
background
record
shows
gave
explicit
attention
three
previous
felony
convictions
defendant
acknowledged
trial
district
sentenced
years
prison
stiffest
term
authorized
applicable
federal
statute
several
years
later
obtained
judicial
determination
two
prior
convictions
constitutionally
invalid
defendant
filed
writ
habeas
corpus
district
convicted
bank
robbery
challenged
use
bank
robbery
trial
three
previous
felony
convictions
sustained
challenge
insofar
sentence
concerned
saying
gideon
established
unequivocal
rule
making
unconstitutional
try
person
felony
state
unless
lawyer
validly
waived
one
quoting
burgett
texas
supra
held
rosion
gideon
principle
prevented
affirming
judgment
appeals
remanding
case
trial
reconsideration
defendant
sentence
custis
invites
us
extend
right
attack
collaterally
prior
convictions
used
sentence
enhancement
beyond
right
appointed
counsel
established
gideon
decline
think
since
decision
johnson
zerbst
half
century
ago
running
decisions
burgett
tucker
theme
failure
custis
appoint
counsel
indigent
defendant
unique
constitutional
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attacks
previous
convictions
claiming
denial
effective
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guilty
plea
knowing
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rights
opting
stipulated
facts
trial
none
alleged
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rises
level
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failure
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counsel
johnson
zerbst
ease
administration
also
supports
distinction
revealed
number
cases
cited
opinion
failure
appoint
counsel
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appear
judgment
roll
accompanying
minute
order
determination
claims
ineffective
assistance
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failure
assure
guilty
plea
voluntary
require
sentencing
courts
rummage
frequently
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difficult
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state
transcripts
records
may
date
another
era
may
come
one
interest
promoting
finality
judgments
provides
additional
support
constitutional
conclusion
explained
nroads
concept
finality
tend
undermine
confidence
integrity
procedures
inevitably
delay
impair
orderly
administration
justice
addonizio
later
noted
parke
raley
principles
finality
associated
habeas
corpus
actions
apply
least
equal
force
defendant
seeks
attack
previous
convictions
used
sentencing
challenging
previous
conviction
defendant
asking
district
deprive
state
judgment
normal
force
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proceeding
ha
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purpose
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prior
judgmen
slip
custis
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bear
extra
weight
cases
prior
convictions
one
challenged
custis
based
guilty
pleas
guilty
plea
issue
concern
finality
served
limitation
collateral
attack
special
force
timmreck
omitted
therefore
hold
permit
custis
use
federal
sentencing
forum
gain
review
state
convictions
congress
prescribe
constitution
require
delay
protraction
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sentencing
process
recognize
however
appeals
see
custis
still
custody
purposes
state
convictions
time
federal
sentencing
may
attack
state
sentences
maryland
federal
habeas
review
see
maleng
cook
custis
successful
attacking
state
sentences
may
apply
reopening
federal
sentence
enhanced
state
sentences
express
opinion
appropriate
disposition
application
judgment
appeals
accordingly
affirmed
footnotes
title
provides
pertinent
part
follows
shall
unlawful
person
convicted
crime
punishable
imprisonment
term
exceeding
one
year
custis
ship
transport
interstate
foreign
commerce
possess
affecting
commerce
firearm
ammunition
receive
firearm
ammunition
shipped
transported
interstate
foreign
commerce
custis
answers
difficult
constitutional
question
believe
underlying
statute
pose
judgment
armed
career
criminal
act
acca
authorize
sentence
enhancement
based
prior
convictions
defendant
show
sentencing
unlawfully
obtained
respectfully
dissent
acca
mandatory
minimum
sentence
applies
defendants
three
previous
convictions
violent
felony
serious
drug
offense
construes
convictio
refer
fact
conviction
ante
emphasis
original
concludes
congress
intend
permit
collateral
attacks
sentencing
prior
convictions
ante
interpretation
custis
acca
come
surprise
courts
appeals
one
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understood
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acca
mean
lawful
conviction
permitted
defendants
show
sentencing
prior
conviction
offered
enhancement
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obtained
whether
violative
right
appointed
counsel
see
gideon
wainright
right
effective
assistance
counsel
see
strickland
washington
right
conviction
based
unknowing
involuntary
guilty
plea
see
boykin
alabama
constitutional
rights
weight
appellate
authority
opinion
reflects
proper
construction
acca
contrary
reading
ignores
legal
framework
within
congress
drafted
acca
framework
presume
congress
familiar
see
cannon
university
chicago
language
became
acca
first
proposed
enacted
codified
reenacted
codified
decisions
burgett
texas
custis
tucker
books
even
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decisions
today
recognize
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ante
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congress
intended
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ordinarily
indulge
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congress
legislated
accordance
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textile
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mills
frankfurter
dissenting
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simply
refer
mere
fact
conviction
provision
must
meant
allow
sentencing
least
challenges
prior
convictions
offered
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likely
congress
intent
informed
narrow
reading
burgett
tucker
adopts
today
legal
environment
acca
enactment
burgett
tucker
thought
stand
broader
proposition
consideration
given
sentencing
conviction
unconstitutionally
obtained
wright
federal
practice
procedure
courts
appeals
consistently
read
decisions
requiring
courts
entertain
claims
prior
convictions
relied
upon
enhancement
unconstitutional
reasons
gideon
violations
congress
enacted
acca
backdrop
must
presumed
custis
intended
permit
defendants
attempt
show
sentencing
prior
convictions
unconstitutionally
obtained
presumption
strongly
bolstered
fact
congress
despite
consistent
interpretation
acca
permitting
attacks
prior
convictions
sentencing
despite
amending
law
several
times
since
enactment
see
note
following
listing
amendments
left
language
relevant
untouched
congress
failure
express
legislative
disagreement
appellate
courts
reading
acca
disregarded
especially
since
congress
acted
area
response
appeals
decisions
thought
revealed
statutory
flaws
requiring
correct
ion
see
see
also
herman
maclean
huddleston
light
judicial
interpretation
statutory
provision
congress
decision
leave
provision
intact
suggests
congress
ratified
interpretation
accordingly
absent
clear
indication
congress
intended
preclude
challenges
sentencing
prior
convictions
relied
upon
enhancement
acca
must
read
permitting
challenges
fails
identify
language
acca
affirmatively
precluding
collateral
attacks
prior
convictions
sentencing
none
instead
hears
clear
message
statutory
silence
find
none
arguments
persuasive
first
invokes
conviction
expunged
set
aside
person
pardoned
civil
rights
restored
shall
considered
conviction
purposes
chapter
according
custis
exemption
clause
elsewhere
called
see
beecham
slip
creates
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set
aside
ante
expressio
unius
words
est
exclusio
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even
premise
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correct
bridge
crosses
reach
conclusion
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