USA v. Pena-Martinez, No. 20-40074 (5th Cir. 2021)

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Case: 20-40074 Document: 00515746159 Page: 1 Date Filed: 02/17/2021 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED No. 20-40074 Conference Calendar February 17, 2021 Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Eric Eliel Pena-Martinez, Defendant—Appellant. Appeal from the United States District Court for the Southern District of Texas USDC No. 7:19-CR-92-1 Before King, Southwick, and Ho, Circuit Judges. Per Curiam:* The Federal Public Defender appointed to represent Eric Eliel PenaMartinez 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). Pena-Martinez has not filed a response. * Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4. Case: 20-40074 Document: 00515746159 Page: 2 Date Filed: 02/17/2021 No. 20-40074 During the pendency of this appeal, Pena-Martinez completed the sentence imposed on revocation of supervised release and was released from custody. Because Pena-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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