Javier-Lopez

MEMORANDUM **

Antonio Javier-Lopez appeals his 37-month sentence for illegal re-entry following deportation, in violation of 8 U.S.C. § 1326 . We have jurisdiction pursuant to 18 U.S.C. § 3742 and 28 U.S.C. § 1291 , and we affirm.

Javier-Lopez first contends that the district court erred by including criminal history points based on prior state convictions where a court certified interpreter was not used during attorney-client meetings. Because Javier-Lopez’ challenge to his prior convictions is not based on a claim of a failure to appoint counsel for an indigent defendant, see Gideon v. Wainwright, 372 *117 U.S. 335 , 83 S.Ct. 792 , 9 L.Ed.2d 799 (1963), he cannot collaterally attack his prior convictions on this ground. See Custis v. United States, 511 U.S. 485, 490-97 , 114 S.Ct. 1732 , 128 L.Ed.2d 517 (1994) (holding that a defendant has no right to collaterally attack his prior convictions in federal sentencing proceedings, unless it is based on the denial of his right to have appointed counsel); United States v. Ricardo, 78 F.3d 1411, 1417 (9th Cir.1996) (recognizing that the Custis holding applies in cases involving sentence enhancements under the federal Sentencing…