United States v. Melendez-Romero

Opinion

Case: 22-50636 Document: 00516661750 Page: 1 Date Filed: 03/01/2023

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit

No. 22-50636 FILED March 1, 2023 Summary Calendar ____________ Lyle W. Cayce Clerk United States of America,

Plaintiff—Appellee,

versus

Oscar Ivan Melendez-Romero,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Western District of Texas USDC No. 4:21-CR-605-1 ______________________________

Before Stewart, Duncan, and Wilson, Circuit Judges. Per Curiam: * The Federal Public Defender appointed to represent Oscar Ivan Melendez-Romero in his appeal of his revocation of supervised release and resulting nine-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

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 22-50636 Document: 00516661750 Page: 2 Date Filed: 03/01/2023

No. 22-50636

United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Melendez-Romero has not filed a response. During the pendency of this appeal, Melendez-Romero 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.