United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT August 28, 2006
Charles R. Fulbruge III
Clerk
No. 05-50614
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ABEL FLORES-SOLIS,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. 4:03-CR-138-ALL
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Before DAVIS, SMITH, and WIENER, Circuit Judges.
PER CURIAM:*
The Federal Public Defender appointed to represent Abel
Flores-Solis (Flores) has moved for leave to withdraw and has
filed a brief as required by Anders v. California, 386 U.S. 738
(1967). Flores 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. Spencer v.
Kemna, 523 U.S. 1, 7 (1998). The case-or-controversy requirement
*
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this opinion should not be published and is not precedent except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. 05-50614
-2-
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.
Flores has served the sentence that was imposed upon the
revocation of his supervised release. The order revoking
Flores’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.