486
Syllabus
current felon-in-possession-of-a-firearm statute did not allow collateral attack on the predicate conviction. Pp. 490-493. (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 protraction 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. 493-497. 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. 488, 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. 497. 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, post, p. 498.
Mary M. French argued the cause for petitioner. With her on the briefs were James K. Bredar and Beth M. Farber.
Deputy Solicitor General Bryson argued the cause for the United States. With him on the brief were Solicitor General Days, Assistant Attorney General Harris, John F. Manning, and Joseph C. Wyderko.*
*Briefs of amici curiae urging affirmance were filed for the State of Ohio et al. by Lee Fisher, Attorney General of Ohio, Richard A. Cordray, State Solicitor, Simon B. Karas, and Donald R. Jilisky and Donald Gary
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