United States v. Keith ( 2023 )

Case: 22-10790 Document: 00516636073 Page: 1 Date Filed: 02/06/2023
United States Court of Appeals
for the Fifth Circuit
____________
United States Court of Appeals
Fifth Circuit
No. 22-10790
Summary Calendar FILED
____________ February 6, 2023
Lyle W. Cayce
United States of America, Clerk
Plaintiff—Appellee,
versus
Brad Keith,
Defendant—Appellant.
______________________________
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:18-CR-295-5
______________________________
Before Smith, Southwick, and Douglas, Circuit Judges.
Per Curiam: *
The Federal Public Defender appointed to represent Brad Keith in his
appeal of his revocation of supervised release and resulting six-month
sentence 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). Keith has not filed a response.
_____________________
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 22-10790 Document: 00516636073 Page: 2 Date Filed: 02/06/2023
No. 22-10790
During the pendency of this appeal, Keith completed the sentence
imposed upon revocation of supervised release and was released from
custody. Because no additional term of supervised release was imposed, the
instant 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