Custis v. United States

MEMORANDUM OPINION

SMALKIN, District Judge.

This is the first motion under 28 U.S.C. section 2255 filed on behalf of the movant, whose conviction and sentence were affirmed on direct review by the Fourth Circuit, United States v. Custis, 988 F.2d 1355 (4th Cir.1993), aff 'd, — U.S. -, 114 S.Ct. 1732, 128 L.Ed.2d 517 (1994).

In his motion, Mr. Custis, by counsel, asserts two grounds for relief. The first ground, going only to his sentence, is that one or more of his prior state convictions were unconstitutionally obtained and, therefore, there is no predicate for his enhanced sentence under 18…