USA v. Tony Head, No. 10-10063 (5th Cir. 2011)

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Case: 10-10063 Document: 00511516027 Page: 1 Date Filed: 06/21/2011 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 10-10063 Summary Calendar June 21, 2011 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. TONY LYNN COLIN HEAD, Defendant-Appellant Appeals from the United States District Court for the Northern District of Texas USDC No. 3:09-CR-13-1 Before JOLLY, GARZA, and STEWART, Circuit Judges. PER CURIAM:* Tony Lynn Colin Head appeals the 18-month sentence imposed upon revocation of 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). Head has served the sentence of imprisonment imposed upon revocation, and the district court imposed no further term of supervised release. Therefore, Head has no concrete and continuing injury, and there is no case or * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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. Case: 10-10063 Document: 00511516027 Page: 2 Date Filed: 06/21/2011 No. 10-10063 controversy over which this court may exercise jurisdiction under Article III, § 2, of the Constitution. See Spencer v. Kemna, 523 U.S. 1, 7, 14 (1998). The appeal is DISMISSED as MOOT. 2

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