United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT October 24, 2006
Charles R. Fulbruge III
Clerk
No. 04-10606
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MATTHEW WILLIAM PHILLIPS,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:03-CR-142-ALL-A
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Before JOLLY, DeMOSS, and STEWART, Circuit Judges.
PER CURIAM:*
Matthew William Phillips appeals the sentence imposed
following the revocation of his supervised release after his
conviction for accessory after the fact to possession of stolen
firearms. 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 Spencer v. Kemna, 523 U.S. 1, 7 (1998).
The case-or-controversy requirement demands that “some concrete
*
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this opinion should not be published and is not precedent except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. 04-10606
-2-
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.
Phillips has served the sentence that was imposed upon the
revocation of his supervised release. The order revoking
Phillips’s 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.
APPEAL DISMISSED.