196 F. App'x 316

UNITED STATES of America, Plaintiff-Appellee, v. Tony Matthew WARD, also known as Tony Matthew Spurlock, Defendant-Appellant.

No. 04-51165

Conference Calendar.

United States Court of Appeals, Fifth Circuit.

Aug. 28, 2006.

Mark Randolph Stelmach, Assistant U.S. Attorney, Joseph H. Gay, Jr, Assistant U.S. Attorney, U.S. Attorney’s Office Western District of Texas, San Antonio, TX, for Plaintiff-Appellee.

Kimberly S. Keller, The Keller Group, San Antonio, TX, for Defendant-Appellant.

Before DAVIS, SMITH, and WIENER, Circuit Judges.

PER CURIAM: *

Tony Matthew Ward appeals the 24-month sentence the district court imposed when it revoked his supervised release.

“This Court must examine the basis of its jurisdiction, on its own motion, if necessary.” Mosley v. Cozby, 813 F.2d 659, 660 (5th Cir.1987). The United States Constitution limits this court’s jurisdiction to live cases and controversies. U.S. Const, art. III, § 2. The case-or-controversy requirement demands “that some concrete and continuing injury other than the now-ended incarceration or parole — some ‘collateral consequence’ of the conviction — must exist if the suit is to be maintained.” Spencer v. Kemna, 523 U.S. 1, 7, 118 S.Ct. 978, 140 L.Ed.2d 43 (1998).

During the pendency of this appeal, Ward completed his imprisonment term, and he has been released from the custody of the Bureau of Prisons. The district court’s order revoking Ward’s term of supervised release imposed no further term of supervised release. Accordingly, there is no case or controversy for this court to address, and the appeal is DISMISSED AS MOOT.

United States v. Ward
196 F. App'x 316

Case Details

Name
United States v. Ward
Decision Date
Aug 28, 2006
Citations

196 F. App'x 316

Jurisdiction
United States

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