United States v. Ben Torres

979 F.2d 857 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Ben TORRES, Defendant-Appellant. No. 91-10094. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 3, 1992. Decided Nov. 19, 1992. Before SNEED, ALARCON and CANBY, Circuit Judges. 1 MEMORANDUM * 2 Torres appeals from the district court's imposition of a 20-year prison sentence following the revocation of his probation. He challenges the validity of the plea proceedings. We cannot reach the merits of Torres' claims that his plea of guilty was not voluntary and was not supported by a factual basis. Torres cannot challenge the validity of the judgment of conviction on an appeal from an order revoking probation. See United States v. Simmons, 812 F.2d 561, 563 (9th Cir.1987) (the constitutional validity of an underlying conviction cannot be collaterally attacked in a probation revocation proceeding. Such a challenge must be presented in a petition…