USA v. Ellis Morganfield

Filing

UNPUBLISHED OPINION FILED. [16-51097 Dismissed as Moot] Judge: CDK, Judge: JWE, Judge: SAH. Mandate issue date is 12/21/2017 for Appellant Ellis Morganfield; denying as unnecessary motion to withdraw as counsel filed by Mr. Peter Christian Smythe [8538956-2]; denying motion leave to file a supplemental document filed by Appellant Mr. Ellis Morganfield [8589616-2] [16-51097]

Case: 16-51097

Document: 00514254226

Page: 1

Date Filed: 11/29/2017

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 16-51097
Summary Calendar

United States Court of Appeals
Fifth Circuit

FILED
November 29, 2017
Lyle W. Cayce
Clerk

UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
ELLIS MORGANFIELD,
Defendant-Appellant
Appeals from the United States District Court
for the Western District of Texas
USDC No. 5:03-CR-10-2
Before KING, ELROD, and HIGGINSON, Circuit Judges.
PER CURIAM: *

The attorney appointed to represent Ellis Morganfield 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).
Morganfield has filed a response and a motion for leave to supplement his
response.

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 16-51097

Document: 00514254226

Page: 2

Date Filed: 11/29/2017

No. 16-51097
As an initial matter, we note that the district court sentenced
Morganfield to time served for the revocation of his supervised release and
therefore Morganfield is no longer in custody. Because no additional term of
supervised release was imposed, the instant appeal is moot. 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.
motion to supplement is DENIED.

2

Morganfield’s