U.S. Court of Appeals for the Fifth Circuit, 2014

United States v. Ismaldo Valadez

United States v. Ismaldo Valadez
U.S. Court of Appeals for the Fifth Circuit · Decided April 16, 2014

United States v. Ismaldo Valadez

Opinion

Case: 12-40964 Document: 00512597668 Page: 1 Date Filed: 04/16/2014

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 12-40964 Conference Calendar United States Court of Appeals Fifth Circuit FILED April 16, 2014 UNITED STATES OF AMERICA, Lyle W. Cayce Clerk Plaintiff-Appellee v. ISMALDO NAUL VALADEZ, Defendant-Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 5:09-CR-1328-2

Before PRADO, ELROD, and HAYNES, Circuit Judges.

PER CURIAM: * The attorney appointed to represent Ismaldo Naul Valadez in his appeal of his revocation of supervised release and sentence has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011).

Valadez has not filed a response.

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 12-40964 Document: 00512597668 Page: 2 Date Filed: 04/16/2014

No. 12-40964 During the pendency of this appeal, Valadez completed his sentence of imprisonment, and he has no further term of supervised release to serve. The appeal is, therefore, moot. See Spencer v. Kemna, 523 U.S. 1, 7 (1998); Bailey v. Southerland, 821 F.2d 277, 278 (5th Cir. 1987). Accordingly, the appeal is DISMISSED as moot, and counsel’s motion to withdraw is DENIED as unnecessary.

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