United States v. Trevino

Opinion

Case: 23-40233 Document: 00516957094 Page: 1 Date Filed: 11/06/2023

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit ____________ FILED November 6, 2023 No. 23-40233 Summary Calendar Lyle W. Cayce ____________ Clerk

United States of America,

Plaintiff—Appellee,

versus

Raul Trevino,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Southern District of Texas USDC No. 2:21-CR-705-1 ______________________________

Before Jolly, Engelhardt, and Douglas, Circuit Judges. Per Curiam:* The Federal Public Defender appointed to represent Raul Trevino in his appeal of his revocation of supervised release and resulting sentence of seven months of imprisonment 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: 23-40233 Document: 00516957094 Page: 2 Date Filed: 11/06/2023

No. 23-40233

United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Trevino has not filed a response. During the pendency of this appeal, Trevino completed the sentence imposed upon revocation of his term of supervised release and was released from custody. No additional term of supervised release was imposed. Therefore, 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.