United States v. Ward

* 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this opinion should not be published and is not precedent except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. 04-51165
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
TONY MATTHEW WARD, also known as Tony Matthew
Spurlock,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. 5:00-CR-492-ALL
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Before DAVIS, SMITH, and WIENER, Circuit Judges.
PER CURIAM:*
Tony Matthew Ward appeals the 24-month sentence the district
court imposed when it revoked 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). The United States Constitution limits this
court’s jurisdiction to live cases and controversies. U.S. CONST.
art. III, § 2. The case-or-controversy requirement demands “that
some concrete and continuing injury other than the now-ended

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incarceration or parole -- some ‘collateral consequence’ of the
conviction -- must exist if the suit is to be maintained.”
Spencer v. Kemna, 523 U.S. 1, 7 (1998).
During the pendency of this appeal, Ward completed his
imprisonment term, and he has been released from the custody of
the Bureau of Prisons. The district court’s order revoking
Ward’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.

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