Ruiz-Camarena

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). *581 In so doing, Simmons also establishes that the district court necessarily had jurisdiction to consider a petition for revocation of probation as long as the underlying conviction has not been set aside. Id (citing United States v. Francischine, 512 F.2d 827, 828-29 (5th Cir.1975)). The same holds true for Ruiz-Camarena’s challenge to the validity…