U.S. Court of Appeals for the Fifth Circuit, 2006

United States v. Baltazar

United States v. Baltazar
U.S. Court of Appeals for the Fifth Circuit · Decided October 24, 2006 · Jolly, Demoss, Stewart
202 F. App'x 797

United States v. Baltazar

Opinion

PER CURIAM: *

Roberto V. Baltazar appeals from the judgment revoking his supervised release. This court must examine the basis of its jurisdiction on its own motion if necessary. Mosley v. Cozby, 813 F.2d 659, 660 (5th Cir. 1987). Article III, § 2, of the Constitution limits federal court jurisdiction to actual cases and controversies. See Spencer v. Kemna, 523 U.S. 1, 7, 118 S.Ct. 978, 140 L.Ed.2d 43 (1998). The case-or-controversy requirement demands that “some concrete and continuing injury other than the now-ended incarceration or *798 parole-some ‘collateral consequence’ of the conviction-must exist if the suit is to be maintained.” Id.

Baltazar has served the sentence that was imposed upon the revocation of his supervised release. The order revoking Baltazar’s term of supervised release imposed no further term of supervised release. Accordingly, there is no case or controversy for this court to address, and the appeal is dismissed as moot.

APPEAL DISMISSED.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir R. 47.5.4.

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