United States v. Brown ( 2023 )

Case: 22-20227 Document: 00516644159 Page: 1 Date Filed: 02/13/2023
United States Court of Appeals
for the Fifth Circuit
____________ United States Court of Appeals
Fifth Circuit
No. 22-20227
FILED
February 13, 2023
Summary Calendar
____________ Lyle W. Cayce
Clerk
United States of America,
Plaintiff—Appellee,
versus
Warren D. Brown,
Defendant—Appellant.
______________________________
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:17-CR-81-1
______________________________
Before Barksdale, Higginson, and Ho, Circuit Judges.
Per Curiam:*
Challenging the sentence imposed following revocation of his
supervised release, Warren D. Brown contended on appeal, and the
Government agreed, that the written judgment needed to be corrected
because it contained three conditions of supervised release that conflicted
_____________________
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 22-20227 Document: 00516644159 Page: 2 Date Filed: 02/13/2023
No. 22-20227
with the district court’s oral pronouncement of his sentence at the revocation
hearing.
After briefing concluded, however, Brown filed a 24 January 2023
letter under Federal Rule of Appellate Procedure 28(j), informing our court:
at a hearing the day before, his supervised release was subsequently revoked
pursuant to a term of supervision he did not contest; and, because the district
court did not impose an additional term of supervision, he is no longer subject
to the challenged conditions. Accordingly, as he concedes in his Rule 28(j)
letter, this appeal is moot. See United States v. Perfecto-Mendoza, 583 F.
App’x 421, 422 (5th Cir. 2014) (holding moot where “[t]he term of
supervised release at the heart of [the] appeal [was] revoked, and no new term
[was] imposed”).
DISMISSED.
2