United States v. Adrian Uriostigue

Opinion

Case: 18-40006 Document: 00514523868 Page: 1 Date Filed: 06/21/2018

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

United States Court of Appeals

No. 18-40006

Fifth Circuit

FILED

Summary Calendar June 21, 2018 Lyle W. Cayce

UNITED STATES OF AMERICA, Clerk

Plaintiff-Appellee

v.

ADRIAN URIOSTIGUE,

Defendant-Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 5:12-CR-1148-2

Before DAVIS, COSTA, and ENGELHARDT, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Adrian Uriostigue 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). Uriostigue has not filed a response.

During the pendency of this appeal, Uriostigue completed the sentence imposed upon revocation of his 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 18-40006 Document: 00514523868 Page: 2 Date Filed: 06/21/2018

No. 18-40006

custody. Because Uriostigue has not shown that he will suffer collateral consequences as a result of the revocation of his supervised release and because no additional term of supervised release was imposed, the instant appeal does not present a case or controversy, and this court lacks jurisdiction. See Spencer v. Kemna, 523 U.S. 1, 7 (1998); United States v. Clark, 193 F.3d 845, 847-48 (5th Cir. 1999). Accordingly, the appeal is DISMISSED AS MOOT, and counsel’s motion for leave to withdraw is DENIED as unnecessary.