302 F. App'x 281

UNITED STATES of America, Plaintiff-Appellee v. Rosie Lee VEGA, Defendant-Appellant.

No. 08-20217

Conference Calendar.

United States Court of Appeals, Fifth Circuit.

Dec. 10, 2008.

James Lee Turner, Assistant U.S. Attorney, U.S. Attorney’s Office Southern District of Texas, Houston, TX, for PlaintiffAppellee.

Marjorie A. Meyers, Federal Public Defender, Federal Public Defender’s Office Southern District of Texas, Houston, TX, for Defendanfr-Appellant.

Before DAVIS, WIENER, and PRADO, Circuit Judges.

*282PER CURIAM: *

The Federal Public Defender appointed to represent Rosie Lee Vega 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). Vega has not filed a response.

“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). Article III, section 2, of the Constitution limits federal court jurisdiction to actual cases and controversies. Spencer v. Kemna, 523 U.S. 1, 7, 118 S.Ct. 978, 140 L.Ed.2d 43 (1998). 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, 523 U.S. at 7, 118 S.Ct. 978.

Counsel asserts that there are no non-frivolous issues relating to the district court’s revocation of Vega’s supervised release and sentence of eight months in prison. During the pendency of this appeal, Vega completed her eight month term of imprisonment. The judgment imposed no further supervised release term. Accordingly, there is no case or controversy for this court to address, and this appeal is DISMISSED as moot. Counsel’s motion to withdraw is DENIED as unnecessary.

United States v. Vega
302 F. App'x 281

Case Details

Name
United States v. Vega
Decision Date
Dec 10, 2008
Citations

302 F. App'x 281

Jurisdiction
United States

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