McGowan

MEMORANDUM **

Defendant Willie McGowan appeals the denial of his petition for habeas corpus *36 pursuant to 28 U.S.C. § 2254 . He contends that the use of his 1986 felony convictions to enhance his current sentence violated his right to due process because the prior convictions were the result of an unknowing and involuntary guilty plea.

In Lackawanna County v. Coss, 532 U.S. 394 , 121 S.Ct. 1567 , 149 L.Ed.2d 608 (2001), the Supreme Court addressed this issue and specifically held that once a prior state conviction is no longer open to direct or collateral attack in its own right, a defendant “may not challenge the enhanced sentence through a petition under § 2254 on the ground that the prior conviction was unconstitutionally obtained.” Id. at 404, 121 S.Ct. 1567 . The Court held that with the exception of convictions obtained in violation of the right to counsel, a defendant has no right to bring such a challenge. Id.; see Daniels v. United States, 532 U.S. 374, 376 , 121 S.Ct. 1578 , 149 L.Ed.2d 590 (2001); Custis v. United States, 511 U.S. 485, 487 , 114 S.Ct. 1732 , 128 L.Ed.2d 517 (1994).

McGowan’s argument that his counsel performance was “the equivalent of having no…