United States of America v. Alan D. Turner

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 16-4516
___________________________
United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Alan D. Turner
lllllllllllllllllllll Defendant - Appellant
____________
Appeal from United States District Court
for the Eastern District of Missouri - Cape Girardeau
____________
Submitted: December 11, 2017
Filed: February 8, 2018
[Unpublished]
____________
Before SMITH, Chief Judge, ARNOLD and KELLY, Circuit Judges.
____________
PER CURIAM.
Alan D. Turner appeals a district court 1 order revoking his supervised release.
Turner was released from custody before his appeal was submitted to this panel, and
1The Honorable Stephen N. Limbaugh, Jr., United States District Judge for the
Eastern District of Missouri.

-- 1 of 2 --

he is not subject to a new term of supervised release. We are “without power to
decide questions that cannot affect the rights of litigants.” North Carolina v. Rice, 404
U.S. 244, 246 (1971) (per curiam). Turner has completed his post-revocation
sentence, so we can only consider his appeal if there is an ongoing “collateral
consequence” of the revocation or incarceration. Spencer v. Kemna, 523 U.S. 1, 7
(1998). To maintain his appeal, Turner must show a “concrete and continuing injury
other than the now-ended incarceration or parole.” Id.
Turner appeals only the revocation of his supervised release. Turner completed
his 14-month post-revocation sentence on October 27, 2017. He did not receive a new
term of supervised release, and he has not identified any concrete and continuing
injury. We therefore conclude that Turner presents no case or controversy for us to
resolve, and we dismiss his appeal as moot.
______________________________
-2-

-- 2 of 2 --