Filed: Dec. 10, 2008
Latest Update: Feb. 22, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED December 10, 2008 No. 08-20217 Conference Calendar Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA Plaintiff-Appellee v. ROSIE LEE VEGA Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 4:03-CR-303-ALL Before DAVIS, WIENER, and PRADO, Circuit Judges. PER CURIAM:* The Federal Public Defender appointed to represent Rosie Le
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED December 10, 2008 No. 08-20217 Conference Calendar Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA Plaintiff-Appellee v. ROSIE LEE VEGA Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 4:03-CR-303-ALL Before DAVIS, WIENER, and PRADO, Circuit Judges. PER CURIAM:* The Federal Public Defender appointed to represent Rosie Lee..
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
December 10, 2008
No. 08-20217
Conference Calendar Charles R. Fulbruge III
Clerk
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
ROSIE LEE VEGA
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:03-CR-303-ALL
Before DAVIS, WIENER, and PRADO, Circuit Judges.
PER CURIAM:*
The Federal Public Defender appointed to represent Rosie Lee Vega has
moved for leave to withdraw and has filed a brief in accordance with Anders v.
California,
386 U.S. 738 (1967). Vega 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
controversies. Spencer v. Kemna,
523 U.S. 1, 7 (1998). The case-or-controversy
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 08-20217
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.”
Spencer, 523 U.S. at 7.
Counsel asserts that there are no nonfrivolous issues relating to the
district court’s revocation of Vega’s supervised release and sentence of eight
months in prison. During the pendency of this appeal, Vega completed her eight
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.
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