U.S. v. Sealed Appellant

Full title: UNITED STATES of America, Plaintiff-Appellee v. SEALED APPELLANT 1…

Court: United States Court of Appeals, Fifth Circuit

Date published: Mar 28, 2011

420 F. App'x 363 (5th Cir. 2011)

Opinion

No. 10-10212 Summary Calendar.

March 28, 2011.

Appeal from the United States District Court for the Northern District of Texas, USDC No. 3:01-CR-196-1.

Before DAVIS, SMITH, and SOUTHWICK, Circuit Judges.

PER CURIAM:[fn*] [fn*] Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.

Sealed Appellant 1 appeals the revocation of his supervised release following a conviction for a controlled substance offense. Appellant has served the sentence of imprisonment imposed upon revocation, and the district court imposed no further term of supervised release. Therefore, Appellant has no "concrete and continuing injury," and there is no case or controversy over which this court may exercise jurisdiction under Article III, § 2, of the Constitution. Spencer v. Kemna, 523 U.S. 1, 7, 14, 118 S.Ct. 978, 140 L.Ed.2d 43 (1998). Accordingly, this appeal is DISMISSED as MOOT.