United States v. Torres-Martinez ( 2021 )

Case: 20-50339 Document: 00515895080 Page: 1 Date Filed: 06/10/2021
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
June 10, 2021
No. 20-50339 Lyle W. Cayce
Clerk
United States of America,
Plaintiff—Appellee,
versus
Alberto Luciano Torres-Martinez,
Defendant—Appellant.
Appeal from the United States District Court
for the Western District of Texas
USDC No. 2:19-CR-818-1
Before Dennis and Engelhardt, Circuit Judges, and Hicks, Chief
District Judge. *
Per Curiam: †
A jury convicted Alberto Luciano Torres-Martinez of illegally
entering the United States after deportation. On April 15, 2020, Torres-
Martinez was sentenced to 14 months in prison but was immediately released
*
Chief Judge of the Western District of Louisiana, sitting by designation.
†
Pursuant to 5th Circuit Rule 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opinion should not be published and is not precedent except under the limited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 Circuit Rule 47.5.4.
Case: 20-50339 Document: 00515895080 Page: 2 Date Filed: 06/10/2021
No. 20-50339
due to credit for time served. The district court also imposed a one-year term
of supervised release to take effect immediately upon the expiration of the
prison term. More than one year has passed since the imposition of the
judgment and the completion of Torres-Martinez’s term of imprisonment,
so his term of supervised release has also expired. Torres-Martinez timely
appealed, challenging his term of 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).
“Whether an appeal is moot is a jurisdictional matter, since it implicates the
Article III requirement that there be a live case or controversy.” Bailey v.
Southerland, 821 F.2d 277, 278 (5th Cir. 1987). A case becomes moot when
it is “impossible for a court to grant any effectual relief whatever.” Campbell-
Ewald Co. v. Gomez, 577 U.S. 153, 161 (2016). Because the record reflects
that Torres-Martinez’s terms of imprisonment and supervised release are
complete, the court cannot grant him any relief, and there is no case or
controversy to address. See United States v. Stanley, 145 F. App’x 499 (5th
Cir. 2005).
APPEAL DISMISSED AS MOOT.
2