Jeffrey Bernard Theus was convicted of conspiracy to commit interstate theft. He was sentenced to 44 months of imprisonment and a three-year term of supervised release. One of the conditions of Theus’s supervised release requires him to cooperate in the probation officer’s collection of a DNA sample.

In his sole issue on appeal, Theus challenges that condition of his supervised release. This court has previously held that such a challenge, made prior to the collection of any DNA sample by the probation officer, is not ripe for review. United States v. Carmichael, 343 F.3d 756, 761-62 (5th Cir. 2003). Despite Theus’s argument to the contrary, his case is not distinguishable in any material respect from Carmichael. See United States v. Riascos-Cuenu, 428 F.3d 1100, 1101 (5th Cir. 2005). This appeal is dismissed for lack of jurisdiction.

APPEAL DISMISSED FOR LACK OF JURISDICTION.