United States v. Maxey ( 2023 )

Case: 22-10420 Document: 00516775327 Page: 1 Date Filed: 06/05/2023
United States Court of Appeals
for the Fifth Circuit
____________
United States Court of Appeals
Fifth Circuit
No. 22-10420
Summary Calendar FILED
____________ June 5, 2023
Lyle W. Cayce
United States of America, Clerk
Plaintiff—Appellee,
versus
Tracy Raulen Maxey,
Defendant—Appellant.
______________________________
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:13-CR-473-1
______________________________
Before Smith, Southwick, and Wilson, Circuit Judges.
Per Curiam: *
Counsel appointed to represent Tracey Maxey in his appeal of his
revocation of supervised release and resulting sentence has moved to with-
draw and has filed a brief per Anders v. California, 386 U.S. 738 (1967), and
United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Maxey has filed
responses.
_____________________
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 22-10420 Document: 00516775327 Page: 2 Date Filed: 06/05/2023
No. 22-10420
During the pendency of this appeal, Maxey completed the sentence
imposed upon revocation of supervised release and was released from cus-
tody. 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