United States v. Ferreiro

U.S. Court of Appeals for the Fifth Circuit
United States v. Ferreiro, 297 F. App'x 331 (5th Cir. 2008)

United States v. Ferreiro

Opinion

PER CURIAM: *

The Federal Public Defender appointed to represent Ryan Phillip Ferreiro has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Ferreiro has not filed a response.

“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, section 2, of the Constitution limits federal court jurisdiction to actual cases and controversies. 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 parole — some ‘collateral consequence’ of the conviction — must exist if the suit is to be maintained.” Spencer, 523 U.S. at 7, 118 S.Ct. 978.

Counsel asserts that there are no non-frivolous issues relating to the district court’s revocation of Ferreiro’s supervised release and sentence of 12 months in prison. During the pendency of this appeal, Ferreiro completed his 12 month imprisonment sentence. The judgment imposed no further supervised release term. Accordingly, there is no case or controversy for this court to address, and this appeal is DISMISSED as moot. Counsel’s motion to withdraw is DENIED as unnecessary.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee v. Ryan Phillip FERREIRO, Defendant-Appellant
Status
Unpublished