United States v. Joe Flynn

• Court: Court of Appeals for the Fifth Circuit
• Decided: January 21, 2020
• Docket: 19-60300
• Status: Unpublished

Opinion

Case: 19-60300 Document: 00515278797 Page: 1 Date Filed: 01/21/2020

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit

FILED January 21, 2020 No. 19-60300 Lyle W. Cayce Summary Calendar Clerk

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

JOE FLYNN,

Defendant-Appellant

Appeal from the United States District Court for the Northern District of Mississippi USDC No. 3:14-CR-39-1

Before STEWART, HIGGINSON, and COSTA, Circuit Judges. PER CURIAM: * Joe Flynn appeals the sentence imposed following the revocation of his supervised release. We must examine the basis of our jurisdiction, sua sponte, if necessary. Mosley v. Cozby, 813 F.2d 659, 660 (5th Cir. 1987). During the pendency of this appeal, Flynn completed his revocation sentence and was released from custody. Because the district court did not impose an additional term of supervised release, there is no case or controversy for us to address.

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 19-60300 Document: 00515278797 Page: 2 Date Filed: 01/21/2020

No. 19-60300

See Spencer v. Kemna, 523 U.S. 1, 7 (1998); cf. United States v. Lares-Meraz, 452 F.3d 352, 355 (5th Cir. 2006). Accordingly, Flynn’s appeal is DISMISSED as moot.