Case: 12-40900 Document: 00512420002 Page: 1 Date Filed: 10/25/2013
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
October 25, 2013
No. 12-40900
Conference Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
JOSHUA CALHOUN,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:09-CR-1159-1
Before JOLLY, JONES, and HIGGINSON, Circuit Judges.
PER CURIAM:*
The Federal Public Defender appointed to represent Joshua Calhoun in his
appeal of a resentencing proceeding 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). Calhoun has filed a
response and requested the appointment of counsel.
During the pendency of this appeal, Calhoun completed his sentence of
imprisonment, and he has no further term of supervised release to serve. The
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 12-40900 Document: 00512420002 Page: 2 Date Filed: 10/25/2013
No. 12-40900
appeal is, therefore, moot. See Spencer v. Kemna, 523 U.S. 1, 7 (1998); Bailey v.
Southerland, 821 F.2d 277, 278 (5th Cir. 1987). Accordingly, the appeal is
DISMISSED as moot, and counsel’s motion to withdraw and Calhoun’s motion
for the appointment of counsel are DENIED as unnecessary.
2