USA v. Washington, No. 09-50115 (5th Cir. 2009)

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IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 09-50115 Conference Calendar October 20, 2009 Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. CURTIS REUBEN WASHINGTON, Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 6:02-CR-97-1 Before WIENER, BENAVIDES, and STEWART, Circuit Judges. PER CURIAM:* The attorney appointed to represent Curtis Reuben Washington has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967). Washington 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 * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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. 09-50115 controversies. 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 parole some collateral consequence of the conviction must exist if the suit is to be maintained. Id. Counsel asserts that there are no nonfrivolous issues relating to the district court s revocation of Washington s supervised release and sentence of seven months in prison. During the pendency of this appeal, Washington completed his seven-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. 2

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