United States v. Burton

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT February 16, 2007 Charles R. Fulbruge III Clerk No. 06-50684 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus KAROLE D. BURTON, Defendant-Appellant. -------------------- Appeal from the United States District Court for the Western District of Texas USDC No. 5:06-CV-291 USDC No. 5:03-CR-590-ALL -------------------- Before KING, HIGGINBOTHAM, and GARZA, Circuit Judges. PER CURIAM:* Karole D. Burton, formerly federal prisoner # 03618-180, seeks a certificate of appealability to challenge the district court’s denial of her 28 U.S.C. § 2255 motion. She also seeks leave to proceed in forma pauperis (IFP). In her § 2255 motion Burton challenged the one-year prison term that the district court imposed after revoking the supervised release that she was serving for her conviction of theft of government property, in violation of 18 U.S.C. § 641. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 06-50684 -2- To obtain a COA, Burton must make a substantial showing of the denial of a constitutional right. See § 2253(c)(2); Miller- El v. Cockrell, 537 U.S. 322, 336 (2003). During the pendency of this appeal, Burton was released from prison. Burton’s claims have been rendered moot by her release. See Spencer v. Kemna, 523 U.S. 1, 7 (1998); Bailey v. Southerland, 821 F.2d 277, 278-79 (5th Cir. 1987). Therefore, this appeal is DISMISSED AS MOOT. COA and IFP are DENIED AS MOOT.