United States v. Alberto Torres ( 2015 )

Case: 14-40063 Document: 00512991443 Page: 1 Date Filed: 04/02/2015
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 14-40063
Conference Calendar
United States Court of Appeals
Fifth Circuit
FILED
April 2, 2015
UNITED STATES OF AMERICA,
Lyle W. Cayce
Clerk
Plaintiff-Appellee
v.
ALBERTO HERNANDEZ TORRES,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 5:09-CR-2840-1
Before JOLLY, HIGGINBOTHAM, and OWEN, Circuit Judges.
PER CURIAM: *
The Federal Public Defender appointed to represent Alberto Hernandez
Torres has moved for leave to withdraw and has filed a brief in accordance with
Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d
229 (5th Cir. 2011). Hernandez Torres has not filed a response.
During the pendency of this appeal, Hernandez Torres completed the
sentence imposed upon revocation of supervised release and was released from
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.
Case: 14-40063 Document: 00512991443 Page: 2 Date Filed: 04/02/2015
No. 14-40063
custody. Because no additional term of supervised release was imposed, this
appeal is moot. See Spencer v. Kemna, 523 U.S. 1, 7 (1998); Bailey v.
Southerland, 821 F.2d 277, 278 (5th Cir. 1987). Accordingly, the appeal is
DISMISSED as moot, and counsel’s motion for leave to withdraw is DENIED
as unnecessary.
2