United States v. Jose Baltazar-Benavides ( 2020 )

Case: 19-41052 Document: 00515607901 Page: 1 Date Filed: 10/20/2020
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
October 20, 2020
No. 19-41052
Lyle W. Cayce
Conference Calendar Clerk
United States of America,
Plaintiff—Appellee,
versus
Jose Alejandro Baltazar-Benavides, also known as Jose
Benavides,
Defendant—Appellant.
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 1:17-CR-294-1
Before Dennis, Costa, and Engelhardt, Circuit Judges.
Per Curiam:*
The Federal Public Defender appointed to represent Jose Alejandro
Baltazar-Benavides 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
*
Pursuant to 5th Circuit Rule 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opinion should not be published and is not precedent except under the limited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 Circuit Rule 47.5.4.
Case: 19-41052 Document: 00515607901 Page: 2 Date Filed: 10/20/2020
No. 19-41052
v. Flores, 632 F.3d 229 (5th Cir. 2011). Baltazar-Benavides has not filed a
response. He has completed the prison sentence imposed on revocation of
supervised release, and the district court did not impose an additional term
of supervised release upon revocation. Accordingly, there is no case or
controversy for this court to address. See Spencer v. Kemna, 523 U.S. 1, 7
(1998); see also United States v. Clark, 193 F.3d 845, 847-48 (5th Cir. 1999).
The appeal is therefore DISMISSED as moot, and counsel’s motion
for leave to withdraw is DENIED as unnecessary.
2