United States v. Ruiz-Camarena
United States v. Ruiz-Camarena
Opinion of the Court
MEMORANDUM
Jose Ruiz-Camarena, a native and citizen of Mexico, appeals the district court’s order revoking his supervised release and sentencing him to prison for twelve months for violating its terms. On appeal, appellant challenges the validity of his underlying sentence, contending that the district court exceeded its authority when it revoked appellant’s probation because it was without authority to impose a term of supervised release in the first place. We dismiss the appeal for lack of jurisdiction.
United States v. Simmons makes clear that an underlying conviction may not be collaterally attacked on direct appeal from a district court order revoking probation, emphasizing that “a court should consider the petition for probation revocation as if the underlying conviction was unquestioned.” 812 F.2d 561, 563 (9th Cir. 1987).
DISMISSED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
Reference
- Full Case Name
- United States v. Jose RUIZ-CAMARENA
- Cited By
- 1 case
- Status
- Published