United States v. Hever Marquez

Case: 13-41261 Document: 00512751658 Page: 1 Date Filed: 08/29/2014 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 13-41261 Conference Calendar United States Court of Appeals Fifth Circuit FILED August 29, 2014 UNITED STATES OF AMERICA, Lyle W. Cayce Clerk Plaintiff-Appellee v. HEVER MARQUEZ, also known as Pelon, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 1:05-CR-43-7 Before CLEMENT, PRADO, and ELROD, Circuit Judges. PER CURIAM: * The attorney appointed to represent Hever Marquez in his appeal of his revocation of supervised release and resulting six-month sentence 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). Marquez has not filed a response. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 13-41261 Document: 00512751658 Page: 2 Date Filed: 08/29/2014 No. 13-41261 During the pendency of this appeal, Marquez completed the sentence imposed upon revocation of supervised release and was released from custody. Because no additional term of supervised release was imposed, the instant appeal is 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 for leave to withdraw is DENIED as unnecessary. 2