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United States of America v. Donnie Lee Jones

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT


January 24, 2011

UNITED STATES OF AMERICA, PLAINTIFF - APPELLEE,
v.
DONNIE LEE JONES, DEFENDANT - APPELLANT.

D.C. No. 8:97-cr-00093-AHS Appeal from the United States District Court for the Central District of California Alicemarie H. Stotler, District Judge, Presiding

FILED NOT FOR PUBLICATION

MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS

MEMORANDUM*fn1

Submitted January 10, 2011*fn2

Before: BEEZER, TALLMAN, and CALLAHAN, Circuit Judges.

Donnie Lee Jones appeals from the revocation of his supervised release. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

On appeal, Jones challenges the district court's denial of his motion to expand the appointment of counsel under the Criminal Justice Act. Jones seeks to collaterally attack the validity of his underlying conviction in order to develop a defense to the revocation of his supervised release. Jones' collateral challenge to his conviction, which we have previously considered and rejected, is not cognizable in this appeal. "Irrespective of the merits of this claim, an appeal from a probation revocation is not the proper avenue for a collateral attack on the underlying conviction." See United States v. Simmons, 812 F.2d 561, 563 (9th Cir. 1987).

AFFIRMED.


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