United States v. Smith

196 F. App'x 310
Procedural entryThis page is a short order in United States v. Smith. Read the opinion of the Court — 354 F.3d 390
Court of Appeals for the Fifth Circuit·Decided August 28, 2006·No. 05-10450·Unpublished

Opinion

PER CURIAM: *

Terri Diane Smith appeals from the 18-month sentence imposed following the revocation of her supervised release. Smith contends that the sentence was unreasonable and that the district court failed to consider the sentencing factors set forth at 18 U.S.C. § 3553(a).

“In the absence of its being raised by a party, this court is obliged to raise the subject of mootness sua sponte.” Bailey v. Southerland, 821 F.2d 277, 278 (5th Cir.1987). Smith was released from federal custody on May 26, 2006, and she was not ordered to serve another term of supervised release. Accordingly, Smith’s appeal is moot. See Lewis v. Continental Bank Corp., 494 U.S. 472, 477, 110 S.Ct. 1249, 108 L.Ed.2d 400 (1990).

APPEAL DISMISSED AS MOOT.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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United States v. Smith, 196 F. App'x 310 (5th Cir. 2006).

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