United States v. Tyler

Court of Appeals for the Fifth Circuit·Decided April 2, 2025·No. 24-20314·Unpublished

Opinion

Case: 24-20314 Document: 53-1 Page: 1 Date Filed: 04/02/2025

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 24-20314 Summary Calendar FILED ____________ April 2, 2025 Lyle W. Cayce United States of America, Clerk

Plaintiff—Appellee,

versus

Nicholas Tyler,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Southern District of Texas USDC No. 4:19-CR-111-3 ______________________________

Before Davis, Stewart, and Southwick, Circuit Judges. Per Curiam: * The Federal Public Defender appointed to represent Nicholas Tyler has moved for leave to withdraw and filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967). Tyler has not filed a response. During the pendency of the appeal, Tyler completed the 11-month prison term imposed upon revocation of his supervised release, and he was released from custody.

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 24-20314 Document: 53-1 Page: 2 Date Filed: 04/02/2025

No. 24-20314

Because Tyler’s sentence did not include an additional term of supervised release, there is no case or controversy for this court to address. See Spencer v. Kemna, 523 U.S. 1, 7-8, 12-14 (1998). Therefore, the appeal is DISMISSED as moot, and counsel’s motion for leave to withdraw is DENIED as unnecessary.

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Related

Anders v. California
386 U.S. 738 (Supreme Court, 1967)
Spencer v. Kemna
523 U.S. 1 (Supreme Court, 1998)