United States v. Maxey

• Court: Court of Appeals for the Fifth Circuit
• Decided: June 5, 2023
• Docket: 22-10420
• Status: Unpublished

Opinion

Case: 22-10420 Document: 00516775327 Page: 1 Date Filed: 06/05/2023

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 22-10420 Summary Calendar FILED ____________ June 5, 2023 Lyle W. Cayce United States of America, Clerk

Plaintiff—Appellee,

versus

Tracy Raulen Maxey,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Northern District of Texas USDC No. 3:13-CR-473-1 ______________________________

Before Smith, Southwick, and Wilson, Circuit Judges. Per Curiam: * Counsel appointed to represent Tracey Maxey in his appeal of his revocation of supervised release and resulting sentence has moved to with- draw and has filed a brief per Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Maxey has filed responses.

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 22-10420 Document: 00516775327 Page: 2 Date Filed: 06/05/2023

No. 22-10420

During the pendency of this appeal, Maxey completed the sentence imposed upon revocation of supervised release and was released from cus- tody. 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.