UNITED STATES v. BALTAZAR BENAVIDES (2020)

The Federal Public Defender appointed to represent Jose Alejandro Baltazar-Benavides has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Baltazar-Benavides has not filed a response. He has completed the prison sentence imposed on revocation of supervised release, and the district court did not impose an additional term of supervised release upon revocation. Accordingly, there is no case or controversy for this court to address. See Spencer v. Kemna, 523 U.S. 1, 7, 118 S.Ct. 978, 140 L.Ed.2d 43 (1998); see also United States v. Clark, 193 F.3d 845, 847-48 (5th Cir. 1999).

The appeal is therefore DISMISSED as moot, and counsel's motion for leave to withdraw is DENIED as unnecessary.

FOOTNOTES

FOOTNOTE.  

Per Curiam:* FN* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.