United States v. Brown

• Court: Court of Appeals for the Fifth Circuit
• Decided: February 13, 2023
• Docket: 22-20227
• Status: Unpublished

Opinion

Case: 22-20227 Document: 00516644159 Page: 1 Date Filed: 02/13/2023

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

No. 22-20227 FILED February 13, 2023 Summary Calendar ____________ Lyle W. Cayce Clerk United States of America,

Plaintiff—Appellee,

versus

Warren D. Brown,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Southern District of Texas USDC No. 4:17-CR-81-1 ______________________________

Before Barksdale, Higginson, and Ho, Circuit Judges. Per Curiam:* Challenging the sentence imposed following revocation of his supervised release, Warren D. Brown contended on appeal, and the Government agreed, that the written judgment needed to be corrected because it contained three conditions of supervised release that conflicted

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 22-20227 Document: 00516644159 Page: 2 Date Filed: 02/13/2023

No. 22-20227

with the district court’s oral pronouncement of his sentence at the revocation hearing. After briefing concluded, however, Brown filed a 24 January 2023 letter under Federal Rule of Appellate Procedure 28(j), informing our court: at a hearing the day before, his supervised release was subsequently revoked pursuant to a term of supervision he did not contest; and, because the district court did not impose an additional term of supervision, he is no longer subject to the challenged conditions. Accordingly, as he concedes in his Rule 28(j) letter, this appeal is moot. See United States v. Perfecto-Mendoza, 583 F. App’x 421, 422 (5th Cir. 2014) (holding moot where “[t]he term of supervised release at the heart of [the] appeal [was] revoked, and no new term [was] imposed”). DISMISSED.