United States v. Kenneth Simpson , 704 F. App'x 609 ( 2017 )

United States Court of Appeals
For the Eighth Circuit
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No. 16-4498
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United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Kenneth Robert Simpson
lllllllllllllllllllll Defendant - Appellant
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Appeal from United States District Court
for the Eastern District of Missouri - St. Louis
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Submitted: November 6, 2017
Filed: December 4, 2017
[Unpublished]
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Before COLLOTON, BOWMAN, and KELLY, Circuit Judges.
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PER CURIAM.
Kenneth Robert Simpson, proceeding pro se, appeals after the District Court1
revoked his supervised release for the second time, sentenced him to 18 months in
prison, and reimposed a life term of supervised release.
After reviewing the record, we conclude that Simpson’s jurisdictional and
double-jeopardy arguments amount to collateral attacks on his conviction and
sentence, see United States v. Miller, 557 F.3d 910, 913 (8th Cir. 2009) (“A
defendant may challenge the validity of his underlying conviction and sentence
through a direct appeal or a habeas corpus proceeding, not through a collateral attack
in a supervised-release revocation proceeding.”), and that his remaining arguments
lack merit. Simpson also moves to strike a brief filed by his former counsel. Because
Simpson is proceeding pro se, we have not considered the arguments raised in the
counseled brief, and we deny as moot the motion to strike.
We affirm the judgment.
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1
The Honorable Rodney W. Sippel, Chief Judge, United States District Court
for the Eastern District of Missouri.
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