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. 04-51317
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ROBERTO V. BALTAZAR,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. 4:01-CR-238-2
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Before JOLLY, DeMOSS, and STEWART, Circuit Judges.
PER CURIAM:*
Roberto V. Baltazar appeals from the judgment revoking 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 incarceration or
*
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this opinion should not be published and is not precedent except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. 04-51317
-2-
parole -- some ‘collateral consequence’ of the conviction -- must
exist if the suit is to be maintained.” Id.
Baltazar has served the sentence that was imposed upon the
revocation of his supervised release. The order revoking
Baltazar’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.