Case: 10-20852 Document: 00511675276 Page: 1 Date Filed: 11/23/2011

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

FILED November 23, 2011 No. 10-20852 Summary Calendar Lyle W. Cayce Clerk

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

JOE GAMBOA RODRIGUEZ,

Defendant-Appellant

Appeals from the United States District Court for the Southern District of Texas USDC No. 4:92-CR-191-1

Before HIGGINBOTHAM, DAVIS and ELROD, Circuit Judges. PER CURIAM:* The attorney appointed to represent Joe Gamboa Rodriguez in his appeal from the revocation of supervised release has moved for leave to withdraw and has filed a brief in accordance with Anders v. California,

(1967). Rodriguez has not filed a response. During the pendency of this appeal, Rodriguez completed his sentence of imprisonment, and he has no further term of imprisonment or supervised release to serve. The appeal is, therefore, moot. See Spencer v. Kemna,

,

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. Case: 10-20852 Document: 00511675276 Page: 2 Date Filed: 11/23/2011

No. 10-20852

14 (1998); Bailey v. Southerland,

(5th Cir. 1987). Accordingly, the appeal is dismissed, and counsel’s motion to withdraw is denied as unnecessary. APPEAL DISMISSED; MOTION DENIED.

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