UNITED STATES v. TURNER (2018)

United States Court of Appeals, Eighth Circuit.

UNITED STATES of America Plaintiff-Appellee v. Alan D. TURNER Defendant-Appellant

No. 16-4516

Decided: February 08, 2018

Before SMITH, Chief Judge, ARNOLD and KELLY, Circuit Judges. Tiffany Gulley Becker, Assistant U.S. Attorney, U.S. Attorney's Office, Eastern District of Missouri, Saint Louis, MO, Timothy J. Willis, Assistant U.S. Attorney, U.S. Attorney's Office, Eastern District of Missouri, Cape Girardeau, MO, for Plaintiff-Appellee Michael Skrien, Federal Public Defender's Office, Cape Girardeau, MO, for Defendant-Appellant Alan D. Turner, Pro Se

[Unpublished]

Alan D. Turner appeals a district court ¹ order revoking his supervised release. Turner was released from custody before his appeal was submitted to this panel, and he is not subject to a new term of supervised release. We are “without power to decide questions that cannot affect the rights of litigants.” North Carolina v. Rice, 404 U.S. 244, 246, 92 S.Ct. 402, 30 L.Ed.2d 413 (1971) (per curiam). Turner has completed his post-revocation sentence, so we can only consider his appeal if there is an ongoing “collateral consequence” of the revocation or incarceration. Spencer v. Kemna, 523 U.S. 1, 7, 118 S.Ct. 978, 140 L.Ed.2d 43 (1998). To maintain his appeal, Turner must show a “concrete and continuing injury other than the now-ended incarceration or parole.” Id.

Turner appeals only the revocation of his supervised release. Turner completed his 14-month post-revocation sentence on October 27, 2017. He did not receive a new term of supervised release, and he has not identified any concrete and continuing injury. We therefore conclude that Turner presents no case or controversy for us to resolve, and we dismiss his appeal as moot.

FOOTNOTES

1.   The Honorable Stephen N. Limbaugh, Jr., United States District Judge for the Eastern District of Missouri.

PER CURIAM.