United States v. Ellis Morganfield

705 F. App'x 274

Opinion

PER CURIAM: *

The attorney appointed to represent Ellis Morganfield has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and United States v. Flores, 632 F.3d-229 (5th Cir. 2011), Morganfield has filed a response and a motion for leave to supplement his response.

As an initial matter, we note that the district court sentenced Morganfield to time served for the revocation of his supervised release and therefore Morganfield is no longer in custody. Because no additional term of supervised release was imposed, the instant appeal is moot. See Spencer v. Kemna, 523 U.S. 1, 7, 118 S.Ct. 978, 140 L.Ed.2d 43 (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. Morganfield’s motion to supplement is DENIED.

* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.