UNITED STATES of America, Plaintiff-Appellee, v. Leonardo RICARDO, Defendant-Appellant

Appellant Leonard Ricardo appeals his sentence for two counts of firearms possession in violation of 18 U.S.C. § 922 (g)(1). Ricardo contends that his attorney at sentencing failed to provide effective assistance of counsel in not challenging prior convictions that were used to enhance his sentence under 18 U.S.C. § 924 (e)(1). The government contends that Ricardo’s challenge is barred by the retroactive application of the Supreme Court’s decision in Custis v. United States, — U.S. -, 114 S.Ct. 1732 , 128 L.Ed.2d 517 (1994). We have jurisdiction under 18 U.S.C. § 3742 and 28 U.S.C. § 1291 , and we affirm.

I

BACKGROUND

On October 27, 1988, appellant Leonard Ricardo pled guilty on two counts associated with firearms possession. Count One charged Ricardo with being in possession of a .45 caliber revolver on July 22,1987, having previously been convicted “on three occasions for violent felonies” in violation of 18 U.S.C. §§ 922 (g)(1) and 924(e)(1). Count Two charged Ricardo with possession of an Uzi semi-automatic carbine on February 18,1988, in violation of 26 U.S.C. § 5861 . Count One provides for a fifteen-year minimum penalty, and Count Two carries a maximum ten-year sentence.…