USA v. Ramon Martinez, No. 16-11602 (5th Cir. 2017)

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Case: 16-11602 Document: 00514121581 Page: 1 Date Filed: 08/18/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 16-11602 Conference Calendar United States Court of Appeals Fifth Circuit FILED August 18, 2017 UNITED STATES OF AMERICA, Plaintiff-Appellee Lyle W. Cayce Clerk v. RAMON ERNESTO MARTINEZ, Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 4:15-CR-263-1 Before JOLLY, HIGGINBOTHAM, and ELROD, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Ramon Ernesto Martinez has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Martinez has not filed a response. During the pendency of this appeal, Martinez completed the sentence imposed upon revocation of his supervised release and was released from 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 16-11602 Document: 00514121581 Page: 2 Date Filed: 08/18/2017 No. 16-11602 custody. Because Martinez has not shown that he will suffer collateral consequences as a result of the revocation of his supervised release and because no additional term of supervised release was imposed, the instant appeal does not present a case or controversy and this court lacks jurisdiction. See Spencer v. Kemna, 523 U.S. 1, 7 (1998); United States v. Clark, 193 F.3d 845, 847-48 (5th Cir. 1999). Accordingly, the appeal is DISMISSED AS MOOT, and counsel’s motion for leave to withdraw is DENIED as unnecessary. 2

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