USA v. Ross

Filing 920061024


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United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT October 24, 2006 Charles R. Fulbruge III Clerk No. 04-11000 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus TONEY DWAYNE ROSS, Defendant-Appellant. -------------------Appeal from the United States District Court for the Northern District of Texas USDC No. 4:04-CR-99-ALL-A -------------------Before JOLLY, DeMOSS, and STEWART, Circuit Judges. PER CURIAM:* Toney Dwayne Ross appeals the sentence imposed following the revocation of his supervised release. This court must examine the basis of its jurisdiction on its own motion if necessary. Mosley v. Cozby, 813 F.2d 659, 660 (5th Cir. 1987). Article III, 2, of the Constitution limits federal court jurisdiction to actual cases and controversies. 1, 7 (1998). See Spencer v. Kemna, 523 U.S. The case-or-controversy requirement demands that "some concrete and continuing injury other than the now-ended 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 04-11000 -2incarceration or parole -- some `collateral consequence' of the conviction -- must exist if the suit is to be maintained." Ross has served the sentence that was imposed upon the revocation of his supervised release. The order revoking Ross's Id. term of supervised release imposed no further term of supervised release. Accordingly, there is no case or controversy for this court to address, and the appeal is dismissed as moot. APPEAL DISMISSED.

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