United States v. Smith

* 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this opinion should not be published and is not precedent except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.
United States Court of Appeals
Fifth Circuit
F I L E D
August 28, 2006
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 05-10450
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
TERRI DIANE SMITH,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 6:98-CR-75
--------------------
Before DAVIS, SMITH, and WIENER, Circuit Judges.
PER CURIAM:*
Terri Diane Smith appeals from the 18-month sentence imposed
following the revocation of her supervised release. Smith
contends that the sentence was unreasonable and that the district
court failed to consider the sentencing factors set forth at
18 U.S.C. § 3553(a).
“In the absence of its being raised by a party, this court
is obliged to raise the subject of mootness sua sponte.” Bailey
v. Southerland, 821 F.2d 277, 278 (5th Cir. 1987). Smith was
released from federal custody on May 26, 2006, and she was not

-- 1 of 2 --

No. 05-10450
-2-
ordered to serve another term of supervised release.
Accordingly, Smith’s appeal is moot. See Lewis v. Continental
Bank Corp., 494 U.S. 472, 477 (1990).
APPEAL DISMISSED AS MOOT.

-- 2 of 2 --