United States of America, Plaintiff-appellee, v. Chauncey Bernard Davis, Defendant-appellant, 59 F.3d 171 (6th Cir. 1995)

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US Court of Appeals for the Sixth Circuit - 59 F.3d 171 (6th Cir. 1995) June 20, 1995

Before: JONES and NORRIS, Circuit Judges; DOWD, District Judge.* 



Defendant, Chauncey Davis, appeals from the sentence he received after entering a plea of guilty to drug-trafficking charges. He contends that inclusion in his criminal history of a state conviction was improper because the sentencing state judge failed to advise him of his Fifth Amendment right against self-incrimination prior to his pleading guilty to the state charge.

Defendant's appeal is without merit because he may not, under the circumstances of this case, collaterally attack the state conviction. Custis v. United States, 114 S. Ct. 1732, 1738-39 (1994); United States v. Bonds, 48 F.3d 184, 186 (6th Cir. 1995).

Accordingly, defendant's sentence is affirmed.


The Honorable David D. Dowd, Jr., United States District Judge for the Northern District of Ohio, sitting by designation