United States v. Keith

• Court: Court of Appeals for the Fifth Circuit
• Decided: February 6, 2023
• Docket: 22-10790
• Status: Unpublished

Opinion

Case: 22-10790 Document: 00516636073 Page: 1 Date Filed: 02/06/2023

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 22-10790 Summary Calendar FILED ____________ February 6, 2023 Lyle W. Cayce United States of America, Clerk

Plaintiff—Appellee,

versus

Brad Keith,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Northern District of Texas USDC No. 4:18-CR-295-5 ______________________________

Before Smith, Southwick, and Douglas, Circuit Judges. Per Curiam: * The Federal Public Defender appointed to represent Brad Keith in his appeal of his revocation of supervised release and resulting six-month 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). Keith has not filed a response.

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 22-10790 Document: 00516636073 Page: 2 Date Filed: 02/06/2023

No. 22-10790

During the pendency of this appeal, Keith completed the sentence imposed upon revocation of supervised release and was released from custody. Because no additional term of supervised release was imposed, the instant appeal is 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 for leave to withdraw is DENIED as unnecessary.