914 F. 2d 264 - United States v. Jones
914 F2d 264 United States v. Jones
914 F.2d 264
Unpublished Disposition
NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.
UNITED STATES of America, Plaintiff-Appellee,
v.
Carol JONES, Defendant-Appellant.
No. 89-50279.
United States Court of Appeals, Ninth Circuit.
Submitted Sept. 14, 1990.*
Decided Sept. 19, 1990.
Before FLETCHER, WIGGINS and RYMER, Circuit Judges.
Advertisement
MEMORANDUM**
Jones appeals the district court's order revoking probation and imposing sentence under the federal sentencing guidelines. Jones argues that because she was not advised, at the time her guilty plea was entered, that her sentence would be computed pursuant to the sentencing guidelines, her sentence should be vacated and her guilty plea set aside.
"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." United States v. Simmons, 812 F.2d 561, 563 (9th Cir.1987). If Jones wishes to challenge the guilty plea which led to her probation, she must proceed separately under 28 U.S.C. Sec. 2255. Id. Therefore, the district court's order is
AFFIRMED.