Thompson

MEMORANDUM **

Bobby D. Thompson appeals the 120-month sentence imposed following his guilty plea conviction for distribution of a controlled substance in violation of 21 U.S.C. §§ 841 (a)(1) and (B)(1)(C). We have jurisdiction pursuant to 18 U.S.C. § 3742 and 28 U.S.C. § 1291 , and we affirm.

Thompson contends that the district court erred by using his 1997 State of Alaska drug felony conviction to increase the range of maximum statutory penalties because the State of Alaska deprived him *982 of his right to counsel to appeal that conviction to the Alaska Supreme Court.

The district court did not err because the record demonstrates that Thompson was represented by counsel during both his state criminal trial and his first appeal of right of that conviction. See Custis v. United States, 511 U.S. 485, 496 , 114 S.Ct. 1732 , 128 L.Ed.2d 517 (1994) (holding that a challenge to the validity of a previous state conviction is not cognizable on appeal from a federal sentence, unless the prior conviction was obtained in violation of the Sixth Amendment right to counsel); Pennsylvania v. Finley, 481 U.S. 551, 556 , 107 S.Ct. 1990 , 95 L.Ed.2d 539 (1987) (stating that the right to…