USA v. Patrick Gainus, No. 12-10152 (5th Cir. 2013)

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Case: 12-10152 Document: 00512146457 Page: 1 Date Filed: 02/19/2013 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 12-10152 Conference Calendar February 19, 2013 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. PATRICK LEVELLE GAINUS, Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 3:00-CR-139-1 Before KING, CLEMENT, and HAYNES, Circuit Judges. PER CURIAM:* The attorney appointed to represent Patrick Levelle Gainus in his appeal from the revocation of supervised release has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967). Gainus has not filed a response. During the pendency of this appeal, Gainus completed his sentence of imprisonment, and he has no further term of imprisonment or supervised release to serve. The appeal is, therefore, moot. See Spencer v. Kemna, 523 U.S. 1, 7 * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 12-10152 Document: 00512146457 Page: 2 Date Filed: 02/19/2013 No. 12-10152 (1998); Bailey v. Southerland, 821 F.2d 277, 278 (5th Cir. 1987). Accordingly, the appeal is DISMISSED as moot, and counsel s motion to withdraw is DENIED as unncessary. 2

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