USA v. Garcia, No. 05-10680 (5th Cir. 2007)

Annotate this Case

Download PDF

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT April 17, 2007 Charles R. Fulbruge III Clerk No. 05-10680 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus MARIO ALONSO GARCIA, Defendant-Appellant. -------------------Appeal from the United States District Court for the Northern District of Texas USDC No. 4:04-CR-115-ALL -------------------Before HIGGINBOTHAM, BENAVIDES, and PRADO, Circuit Judges. PER CURIAM:* Mario Alonso Garcia appeals the 24-month sentence imposed following the May 2005 revocation of his supervised release. In the absence of its being raised by a party, this court is obliged to raise the subject of mootness sua sponte. Southerland, 821 F.2d 277, 278 (5th Cir. 1987). Bailey v. Article III, § 2, of the Constitution limits federal court jurisdiction to actual cases and controversies. 7 (1998). Spencer v. Kemna, 523 U.S. 1, The case-or-controversy requirement demands that some collateral consequence of the conviction exist if the action is * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 05-10680 -2to be maintained. Id. Garcia has served the sentence that was imposed upon the revocation of his supervised release and is not subject to any additional supervision. Accordingly, there is no case or controversy for this court to address, and the appeal is DISMISSED AS MOOT.

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.