
    UNITED STATES of America, Plaintiff—Appellee, v. Doug Wayne SMITH, Defendant—Appellant.
    No. 05-50498.
    United States Court of Appeals, Ninth Circuit.
    Submitted Aug. 21, 2006.
    
    Filed Aug. 25, 2006.
    Orlando Gutierrez, Office of the U.S. Attorney, San Diego, CA, for Plaintiff-Appellee.
    Debra Ann Diiorio, Diiorio & Hall, San Diego, CA, for Defendant-Appellant.
    Before: GOODWIN, REINHARDT, and BEA, Circuit Judges.
    
      
       This panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).
    
   MEMORANDUM

Doug Wayne Smith appeals from his bench-trial conviction for escape from confinement, in violation of 18 U.S.C. § 751(a). We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

Smith contends the district court erred by prohibiting him from collaterally attacking the validity of his prior conviction as a defense to the escape charge. We disagree.

A defendant may not use a challenge to the validity of a prior conviction as a defense to escape from confinement. See Lucas v. United States, 325 F.2d 867, 867 n. 2 (9th Cir.1963); Bayless v. United States, 141 F.2d 578, 579-80 (9th Cir.1944).

AFFIRMED. 
      
       This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9 th Cir. R. 36-3.
     