United States v. Cordero Pena ( 2006 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT December 12, 2006
Charles R. Fulbruge III
Clerk
No. 05-50558
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ROBERTO CORDERO PENA,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. 4:01-CR-402-1
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Before KING, WIENER, and OWEN, Circuit Judges.
PER CURIAM:*
Roberto Cordero Pena appeals the 24-month sentence imposed
following the March 2005 revocation of his supervised release.
“In the absence of its being raised by a party, this court is
obliged to raise the subject of mootness sua sponte.” Bailey v.
Southerland, 821 F.2d 277, 278 (5th Cir. 1987). Article III,
§ 2, of the Constitution limits federal court jurisdiction to
actual cases and controversies. See Spencer v. Kemna, 523 U.S.
1, 7 (1998). The case-or-controversy requirement demands that
*
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this opinion should not be published and is not precedent except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. 05-50558
-2-
some collateral consequence of the conviction must exist if the
action is to be maintained. Id.Cordero Pena has served the sentence that was imposed upon
the revocation of his supervised release and is not subject to
any additional supervision. Accordingly, there is no case or
controversy for this court to address, and the appeal is
dismissed as moot.
APPEAL DISMISSED.