Unpublished Disposition, 914 F.2d 264 (9th Cir. 1990)

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U.S. Court of Appeals for the Ninth Circuit - 914 F.2d 264 (9th Cir. 1990)

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.


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. § 2255. Id. Therefore, the district court's order is

AFFIRMED.

 *

The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a); 9th Cir.R. 34-4

 **

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3

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