United States v. Garcia

* 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this opinion should not be published and is not precedent except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
April 17, 2007
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 05-10680
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MARIO ALONSO GARCIA,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:04-CR-115-ALL
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Before HIGGINBOTHAM, BENAVIDES, and PRADO, Circuit Judges.
PER CURIAM:*
Mario Alonso Garcia appeals the 24-month sentence imposed
following the May 2005 revocation of his supervised release.
“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). Article III,
§ 2, of the Constitution limits federal court jurisdiction to
actual cases and controversies. Spencer v. Kemna, 523 U.S. 1,
7 (1998). The case-or-controversy requirement demands that some
collateral consequence of the conviction exist if the action is

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No. 05-10680
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to be maintained. Id. Garcia has served the sentence that was
imposed upon the revocation of his supervised release and is not
subject to any additional supervision. Accordingly, there is no
case or controversy for this court to address, and the appeal is
DISMISSED AS MOOT.

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