USA v. Baltazar, No. 04-51317 (5th Cir. 2006)

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United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT October 24, 2006 Charles R. Fulbruge III Clerk No. 04-51317 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus ROBERTO V. BALTAZAR, Defendant-Appellant. -------------------Appeal from the United States District Court for the Western District of Texas USDC No. 4:01-CR-238-2 -------------------Before JOLLY, DeMOSS, and STEWART, Circuit Judges. PER CURIAM:* Roberto V. Baltazar appeals from the judgment revoking his supervised release. This court must examine the basis of its jurisdiction on its own motion if necessary. 813 F.2d 659, 660 (5th Cir. 1987). Mosley v. Cozby, Article III, § 2, of the Constitution limits federal court jurisdiction to actual cases and controversies. See Spencer v. Kemna, 523 U.S. 1, 7 (1998). The case-or-controversy requirement demands that some concrete and continuing injury other than the now-ended incarceration 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. No. 04-51317 -2parole -- some collateral consequence of the conviction -- must exist if the suit is to be maintained. Id. Baltazar has served the sentence that was imposed upon the revocation of his supervised release. The order revoking Baltazar 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. APPEAL DISMISSED.

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