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U.S. v. Head

United States Court of Appeals, Fifth Circuit
Jun 21, 2011
430 F. App'x 283 (5th Cir. 2011)

Opinion

No. 10-10063 Summary Calendar.

June 21, 2011.

Nancy E. Larson, Assistant U.S. Attorney, U.S. Attorney's Office, Northern District of Texas, Fort Worth, TX, for Plaintiff-Appellee.

William Reynolds Biggs, Assistant Federal Public Defender, Federal Public Defender's Office, Fort Worth, TX, for Defendant-Appellant.

Appeals from the United States District Court for the Northern District of Texas, USDC No. 3:09-CR-13-1.

Before JOLLY, GARZA, and STEWART, Circuit Judges.


Tony Lynn Colin Head appeals the 18-month sentence imposed upon 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). Head has served the sentence of imprisonment imposed upon revocation, and the district court imposed no further term of supervised release. Therefore, Head has no "concrete and continuing injury," and there is no case or controversy over which this court may exercise jurisdiction under Article III, § 2, of the Constitution. See Spencer v. Kemna, 523 U.S. 1, 7, 14, 118 S.Ct. 978, 140 L.Ed.2d 43 (1998).

The appeal is DISMISSED as MOOT.


Summaries of

U.S. v. Head

United States Court of Appeals, Fifth Circuit
Jun 21, 2011
430 F. App'x 283 (5th Cir. 2011)
Case details for

U.S. v. Head

Case Details

Full title:UNITED STATES of America, Plaintiff-Appellee v. Tony Lynn Colin HEAD…

Court:United States Court of Appeals, Fifth Circuit

Date published: Jun 21, 2011

Citations

430 F. App'x 283 (5th Cir. 2011)