United States v. Frank David Francischine

RONEY, Circuit Judge:

As a defense to the threatened revocation of his probation, federal prisoner Francischine asserts that his underlying conviction is invalid and therefore the district court does not have jurisdiction to revoke the probation, terms of which he admittedly violated. In affirming the district court’s revocation of probation, we hold that the underlying validity of a conviction cannot be asserted as a defense in a probation revocation proceeding, that the conviction’s validity may be collaterally attacked only in a separate proceeding under 28 U.S.C.A. § 2255, and that a…