United States v. Trevino ( 2023 )

Case: 23-40233 Document: 00516957094 Page: 1 Date Filed: 11/06/2023
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
____________
FILED
November 6, 2023
No. 23-40233
Summary Calendar Lyle W. Cayce
____________ Clerk
United States of America,
Plaintiff—Appellee,
versus
Raul Trevino,
Defendant—Appellant.
______________________________
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 2:21-CR-705-1
______________________________
Before Jolly, Engelhardt, and Douglas, Circuit Judges.
Per Curiam:*
The Federal Public Defender appointed to represent Raul Trevino in
his appeal of his revocation of supervised release and resulting sentence of
seven months of imprisonment has moved for leave to withdraw and has filed
a brief in accordance with Anders v. California, 386 U.S. 738 (1967), and
_____________________
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 23-40233 Document: 00516957094 Page: 2 Date Filed: 11/06/2023
No. 23-40233
United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Trevino has not filed a
response.
During the pendency of this appeal, Trevino completed the sentence
imposed upon revocation of his term of supervised release and was released
from custody. No additional term of supervised release was imposed.
Therefore, 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