United States v. Briscoe

Case: 25-10998 Document: 50-1 Page: 1 Date Filed: 03/06/2026

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit

No. 25-10998

FILED March 6, 2026 Summary Calendar ____________ Lyle W. Cayce Clerk United States of America,

Plaintiff—Appellee, versus

Marlon Briscoe, Jr.,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Northern District of Texas USDC No. 4:23-CR-265-2 ______________________________

Before Higginbotham, Engelhardt, and Ramirez, Circuit Judges.

Per Curiam: *

The Federal Public Defender appointed to represent Marlon Briscoe, Jr., 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). Briscoe has not filed a response. During the pendency of this appeal, Briscoe completed the sentence imposed upon revocation of Case: 25-10998 Document: 50-1 Page: 2 Date Filed: 03/06/2026

No. 25-10998 probation and was released from custody. Because Briscoe has completed the entire sentence imposed for his probation revocation, there is no case or controversy for us to address. 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.