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. 04-11000
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
TONEY DWAYNE ROSS,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:04-CR-99-ALL-A
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Before JOLLY, DeMOSS, and STEWART, Circuit Judges.
PER CURIAM:*
Toney Dwayne Ross appeals the sentence imposed following the
revocation of his supervised release. 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 and continuing injury other than the now-ended
*
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this opinion should not be published and is not precedent except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. 04-11000
-2-
incarceration or parole -- some ‘collateral consequence’ of the
conviction -- must exist if the suit is to be maintained.” Id.
Ross has served the sentence that was imposed upon the
revocation of his supervised release. The order revoking Ross’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.
APPEAL DISMISSED.