United States v. Rios

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT June 21, 2006 Charles R. Fulbruge III Clerk No. 04-20694 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus ALVIRA RIOS, Defendant-Appellant. -------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. 4:98-CR-42-ALL -------------------- Before STEWART, DENNIS, and OWEN, Circuit Judges. PER CURIAM:* The attorney appointed to represent Alvira Rios, former federal prisoner # 13646-074, has moved for leave to withdraw and has filed a brief as required by Anders v. California, 386 U.S. 738 (1967). Rios 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, § 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 04-20694 -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. Rios has served the sentence that was imposed upon the revocation of her supervised release. The order revoking Rios’s term of 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 AS UNNECESSARY; APPEAL DISMISSED.