Stevens

MEMORANDUM **

Richard Stevens appeals from his 240-month sentence imposed following his jury-trial conviction on one count of importing cocaine in violation of 21 U.S.C. §§ 952 and 960, and one count of possession of cocaine with intent to distribute in violation of 21 U.S.C. § 841 (a)(1). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Stevens contends that the district court erred in enhancing his sentence pursuant to 21 U.S.C. §§ 841 (b)(1)(A) and 960(b)(1), based on a 1966 conviction. Specifically, Stevens argues that pursuant to Custis v. United States, 511 U.S. 485 , 114 S.Ct. 1732 , 128 L.Ed.2d 517 (1994), he has a constitutional right to collaterally attack his prior conviction at sentencing, despite the fact that such an attack is precluded by 21 U.S.C. § 851 (e)’s statute of limitations. Stevens’ contention fails in light of United States v. Davis, 36 F.3d 1424, 1438 (9th Cir.1994) (concluding that the Supreme Court in Custis refused to recognize a constitutional right to collaterally attack prior convictions used for sentence enhancement, except for convictions obtained in violation of a defendant’s right to counsel). Accordingly, the statute of…