Defendant Cannot Attack State Sentence in Appealing his Federal Sentence

A defendant cannot appeal his federal sentence by attacking the validity of his initial state sentence by arguing that the federal sentence is unconstitutional because it runs consecutively to his state sentence.

United States v. Napolitan, 2016 BL 230906, 3d Cir., No. 15-1602, 7/19/16.

   A Third Circuit court ruled that a defendant cannot challenge his federal sentence by attacking the state sentence he had already received. This decision continues and expands upon the line of cases stemming from Custis v. United States, which prevents federal defendants from mounting attacks against past convictions that were used as prior convictions for sentencing enhancement. In this case, the defendant argued that his federal sentence was unconstitutional because it ran consecutively to his state sentence, which he contended was invalid. The court ruled that “Drawing on both the logic and language of Custis, we see no reason why state sentences should not be accorded the same respect and be subject to the same forms of substantive review afforded to state convictions.” The court then joined the Ninth, Sixth, and Second circuits and extended Custis to prevent attacks on prior convictions.

http://www.bloomberglaw.com/public/document/United_States_v_Napolitan_No_151602_2016_BL_230906_3d_Cir_July_19.