IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit

FILED June 16, 2009 No. 08-40100 c/w No. 08-40106 Charles R. Fulbruge III Conference Calendar Clerk

UNITED STATES OF AMERICA

Plaintiff-Appellee

v.

JULIAN DE JESUS CASTILLO

Defendant-Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 5:02-CR-696-1

Before SMITH, BENAVIDES, and HAYNES, Circuit Judges. PER CURIAM:* Julian De Jesus Castillo appeals the revocation of his supervised release. He contends that the district court unlawfully revoked supervised release based on hearsay evidence adduced in violation of his limited right to confront adverse witnesses. Castillo has served the term of imprisonment imposed upon revocation, and the district court imposed no further term of supervised release. Therefore, Castillo has no “concrete and continuing injury,” and there is no case

* Pursuant to 5 TH C IR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR. R. 47.5.4. No. 08-40100 c/w No. 08-40106

or controversy over which this court may exercise jurisdiction under Article III, § 2, of the Constitution. Spencer v. Kemna,

(1998). His appeal is DISMISSED as moot.

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