UNITED STATES v. FLYNN (2020)

United States Court of Appeals, Fifth Circuit.

UNITED STATES of America, Plaintiff-Appellee v. Joe FLYNN, Defendant-Appellant

No. 19-60300

Decided: January 21, 2020

Before STEWART, HIGGINSON, and COSTA, Circuit Judges.

Susan Spears Bradley, Esq., Assistant U.S. Attorney, U.S. Attorney's Office, Northern District of Mississippi, Oxford, MS, for Plaintiff-Appellee Michael Scott Davis, Federal Public Defender's Office, Northern District of Mississippi, Oxford, MS, for Defendant-Appellant

Joe Flynn appeals the sentence imposed following the revocation of his supervised release. We must examine the basis of our jurisdiction, sua sponte, if necessary. Mosley v. Cozby, 813 F.2d 659, 660 (5th Cir. 1987). During the pendency of this appeal, Flynn completed his revocation sentence and was released from custody. Because the district court did not impose an additional term of supervised release, there is no case or controversy for us to address. See Spencer v. Kemna, 523 U.S. 1, 7, 118 S.Ct. 978, 140 L.Ed.2d 43 (1998); cf. United States v. Lares-Meraz, 452 F.3d 352, 355 (5th Cir. 2006). Accordingly, Flynn’s appeal is DISMISSED as moot.

FOOTNOTES

FOOTNOTE.

PER CURIAM:* FN* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.

Go To Learn About The Law