Filed: Dec. 12, 2006
Latest Update: Feb. 21, 2020
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT December 12, 2006 Charles R. Fulbruge III Clerk No. 05-51189 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus BEVERLY JOHNSON, Defendant-Appellant. - Appeal from the United States District Court for the Western District of Texas USDC No. 5:93-CR-134-ALL - Before KING, WIENER, and OWEN, Circuit Judges. PER CURIAM:* Counsel appointed to represent Beverly Johnso
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT December 12, 2006 Charles R. Fulbruge III Clerk No. 05-51189 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus BEVERLY JOHNSON, Defendant-Appellant. - Appeal from the United States District Court for the Western District of Texas USDC No. 5:93-CR-134-ALL - Before KING, WIENER, and OWEN, Circuit Judges. PER CURIAM:* Counsel appointed to represent Beverly Johnson..
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United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT December 12, 2006
Charles R. Fulbruge III
Clerk
No. 05-51189
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
BEVERLY JOHNSON,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Western District of Texas
USDC No. 5:93-CR-134-ALL
--------------------
Before KING, WIENER, and OWEN, Circuit Judges.
PER CURIAM:*
Counsel appointed to represent Beverly Johnson in his appeal
from the order revoking Johnson’s supervised release has filed
a motion and a brief in accordance with Anders v. California,
386 U.S. 738 (1967). Johnson has not filed a response to his
counsel’s motion.
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, § 2, of the Constitution limits federal
court jurisdiction to actual cases and controversies. See
*
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this opinion should not be published and is not precedent except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. 05-51189
-2-
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.
Johnson has served the sentence that was imposed upon the
revocation of his supervised release. The order revoking
Johnson’s supervised release imposed no further term of
supervised release. Accordingly, there is no case or controversy
for this court to address, and the appeal is dismissed as moot.
Counsel’s motion to withdraw is denied as unnecessary.
MOTION DENIED; APPEAL DISMISSED.