United States v. Alberto Torres

U.S. Court of Appeals for the Fifth Circuit

United States v. Alberto Torres

Opinion

Case: 14-40063 Document: 00512991443 Page: 1 Date Filed: 04/02/2015

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 14-40063 Conference Calendar United States Court of Appeals Fifth Circuit

FILED April 2, 2015 UNITED STATES OF AMERICA, Lyle W. Cayce Clerk Plaintiff-Appellee

v.

ALBERTO HERNANDEZ TORRES,

Defendant-Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 5:09-CR-2840-1

Before JOLLY, HIGGINBOTHAM, and OWEN, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Alberto Hernandez Torres 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). Hernandez Torres has not filed a response. During the pendency of this appeal, Hernandez Torres completed the sentence imposed upon revocation of supervised release and was released from

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 14-40063 Document: 00512991443 Page: 2 Date Filed: 04/02/2015

No. 14-40063

custody. Because no additional term of supervised release was imposed, this appeal is 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 for leave to withdraw is DENIED as unnecessary.

2

Reference

Status
Unpublished