USA v. Ramon Martinez

Filing

UNPUBLISHED OPINION FILED. [16-11602 Dismissed as Moot ] Judge: EGJ , Judge: PEH , Judge: JWE Mandate pull date is 09/08/2017 for Appellant Ramon Ernesto Martinez; denying as unnecessary motion to withdraw as counsel filed by Mr. Brandon Elliott Beck [8439373-2] [16-11602]

Case: 16-11602

Document: 00514121581

Page: 1

Date Filed: 08/18/2017

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 16-11602
Conference Calendar

United States Court of Appeals
Fifth Circuit

FILED
August 18, 2017

UNITED STATES OF AMERICA,
Plaintiff-Appellee

Lyle W. Cayce
Clerk

v.
RAMON ERNESTO MARTINEZ,
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:15-CR-263-1
Before JOLLY, HIGGINBOTHAM, and ELROD, Circuit Judges.
PER CURIAM: *
The Federal Public Defender appointed to represent Ramon Ernesto
Martinez 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). Martinez has not filed a response.
During the pendency of this appeal, Martinez completed the sentence
imposed upon revocation of his supervised release and was released from

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 16-11602

Document: 00514121581

Page: 2

Date Filed: 08/18/2017

No. 16-11602
custody.

Because Martinez has not shown that he will suffer collateral

consequences as a result of the revocation of his supervised release and because
no additional term of supervised release was imposed, the instant appeal does
not present a case or controversy and this court lacks jurisdiction. See Spencer
v. Kemna, 523 U.S. 1, 7 (1998); United States v. Clark, 193 F.3d 845, 847-48
(5th Cir. 1999).

Accordingly, the appeal is DISMISSED AS MOOT, and

counsel’s motion for leave to withdraw is DENIED as unnecessary.

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