United States v. Larry Boykin, Jr. ( 2014 )

Case: 14-10209 Document: 00512825605 Page: 1 Date Filed: 11/04/2014
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 14-10209
Conference Calendar
United States Court of Appeals
Fifth Circuit
FILED
November 4, 2014
UNITED STATES OF AMERICA,
Lyle W. Cayce
Clerk
Plaintiff-Appellee
v.
LARRY DANE BOYKIN, JR.,
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 5:01-CR-59-2
Before JOLLY, HIGGINBOTHAM, and OWEN, Circuit Judges.
PER CURIAM: *
The Federal Public Defender appointed to represent Larry Dane Boykin,
Jr., 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). Boykin has not filed a response.
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 14-10209 Document: 00512825605 Page: 2 Date Filed: 11/04/2014
No. 14-10209
During the pendency of this appeal, Boykin 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