UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-4225
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
AUDREY HIGGINS,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Spartanburg. Henry M. Herlong, Jr., District
Judge. (CR-98-78)
Submitted: July 15, 2005 Decided: August 16, 2005
Before MOTZ and GREGORY, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Benjamin T. Stepp, Assistant Federal Public Defender, Greenville,
South Carolina, for Appellant. Jonathan Scott Gasser, Acting
United States Attorney, Columbia, South Carolina; David Calhoun
Stephens, Assistant United States Attorney, Greenville, South
Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Audrey Higgins appeals the district court’s judgment
revoking her supervised release and imposing a four-month custodial
sentence. Higgins’s attorney filed a brief pursuant to Anders v.
California, 386 U.S. 738 (1967), asserting there are no meritorious
grounds for appeal but raising the issue of whether the district
court abused its discretion by revoking her supervised release and
imposing the custodial sentence. Higgins has been informed of her
right to file a pro se supplemental brief but has not done so.
Because Higgins has been discharged from federal custody,
her sentence did not include a term of supervised release, and
there are no continuing collateral consequences from the district
court’s judgment on revocation of supervised release, we dismiss
the appeal as moot. See Spencer v. Kemna, 523 U.S. 1, 10 (1998).
In accordance with Anders, we have reviewed the entire
record and found no meritorious issues for appeal. We therefore
dismiss Higgins’s appeal as moot. This court requires that counsel
inform his client, in writing, of her right to petition to the
Supreme Court of the United States for further review. If the
client requests that a petition be filed, but counsel believes that
such a petition would be frivolous, then counsel may move in this
court for leave to withdraw from representation. Counsel’s motion
must state that a copy thereof was served on the client.
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We dispense with oral argument because the facts and
legal contentions are adequately presented in the materials before
the court and argument would not aid the decisional process.
DISMISSED
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