United States v. Joshua Calhoun

Opinion

Case: 13-40615 Document: 00512598480 Page: 1 Date Filed: 04/16/2014

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 13-40615 Conference Calendar United States Court of Appeals Fifth Circuit

FILED April 16, 2014 UNITED STATES OF AMERICA, Lyle W. Cayce Clerk Plaintiff-Appellee

v.

JOSHUA CALHOUN,

Defendant-Appellant

Appeal from the United States District Court for the Eastern District of Texas USDC No. 6:13-CR-21-1

Before PRADO, ELROD, and HAYNES, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Joshua Calhoun in his appeal of his revocation of supervised release and resulting sentence 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). Calhoun has not filed a response.

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 13-40615 Document: 00512598480 Page: 2 Date Filed: 04/16/2014

No. 13-40615

During the pendency of this appeal, Calhoun completed his sentence of imprisonment, and he has no further term of supervised release to serve. The appeal is, therefore, moot. 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 to withdraw is DENIED as unnecessary.