United States v. Morales

* 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this opinion should not be published and is not precedent except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
June 21, 2006
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 05-20085
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ERIC DANIEL MORALES,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:03-CR-178-ALL
--------------------
Before STEWART, DENNIS, and OWEN, Circuit Judges.
PER CURIAM:*
Eric Daniel Morales, former federal prisoner # 10876-179,
appeals from the 11-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). Article III, § 2, of the Constitution limits federal
court jurisdiction to actual cases and controversies. See
Spencer v. Kemna, 523 U.S. 1, 7 (1998). The case-or-controversy

-- 1 of 2 --

No. 05-20085
-2-
requirement demands that “some concrete and continuing injury
other than the now-ended incarceration or parole -- some
‘collateral consequence’ of the conviction -- must exist if the
suit is to be maintained.” Id.
Morales has served the sentence that was imposed upon the
revocation of his supervised release. The order revoking
Morales’s term of supervised release imposed no further term of
supervised release. Accordingly, there is no case or controversy
for this court to address, and the appeal is dismissed as moot.
APPEAL DISMISSED.

-- 2 of 2 --