United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT June 15, 2007
Charles R. Fulbruge III
Clerk
No. 05-21027
Summary Calendar
UNITED STATES OF AMERICA
Plaintiff - Appellee
v.
DOUGLAS WAYNE EVANS
Defendant - Appellant
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:03-CR-55
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Before KING, HIGGINBOTHAM and BARKSDALE, Circuit Judges.
PER CURIAM:*
Douglas Wayne Evans appeals the 21-month sentence imposed
following the revocation of his supervised release. Evans
contends that his sentence is unreasonable because the district
court failed to consider the sentencing factors in 18 U.S.C.
§ 3553(a) and to address his argument that his guidelines
sentence was greater than necessary to accomplish the goals of
sentencing. The 21-month sentence imposed by the district court
was at the low end of the advisory guidelines range and did not
*
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this opinion should not be published and is not precedent except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. 05-21027
-2-
exceed the statutory maximum term of imprisonment. See 18 U.S.C.
§ 3583(e)(3).
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
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.
Evans has served the sentence that was imposed upon the
revocation of his supervised release. The judgment revoking
Evans’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.