K.T.A.

MEMORANDUM ***

K.T.A., a juvenile, appeals the district court’s denial of his motion to dismiss the petition for revocation of his probation. K.T.A. asserts that the district court lacked jurisdiction on the underlying charge of delinquency for possessing a handgun, 18 U.S.C. § 922 (x)(2)(A) (2000), because the statute exceeds Congress’s Commerce Clause authority, and he asserts that even assuming the statute is constitutional, the charging information failed to demonstrate any connection between interstate commerce and the firearm in his possession. “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). The district court correctly denied the motion to dismiss and properly “consider[ed] the petition for probation revocation as if the underlying conviction was unques *876 tioned,” because “[t]he conviction may be collaterally attacked only in a separate proceeding under 28 U.S.C. § 2255 .” Id.

Furthermore, even assuming the jurisdictional challenge to the underlying adjudication is properly before this court, the…