United States v. Stanley , 145 F. App'x 499 ( 2005 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT October 13, 2005
Charles R. Fulbruge III
Clerk
No. 04-31090
Summary Calendar
UNITED STATES OF AMERICA
Plaintiff - Appellee
v.
CHARLES ELGIN STANLEY
Defendant - Appellant
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Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 3:01-CR-30013-ALL
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Before KING, Chief Judge, and WIENER and DeMOSS, Circuit Judges.
PER CURIAM:*
Charles Stanley appeals from the district court’s revocation
of his supervised release for failure to pay court-ordered
restitution for child support payments. Stanley argues that the
district court erred in revoking his supervised release because
he is indigent. He further argues that the court’s revocation
violates his right to Equal Protection under the Fifth Amendment.
*
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this opinion should not be published and is not precedent except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.
No. 04-31090
-2-
The Government argues that, due to Stanley’s release and the
fact that he is no longer subject to any further term of
supervised release, Stanley’s appeal is moot.
“Whether an appeal is moot is a jurisdictional matter, since
it implicates the Article III requirement that there be a live
case or controversy.” Bailey v. Southerland, 821 F.2d 277, 278
(5th Cir. 1987); see Spencer v. Kemna, 523 U.S. 1, 7 (1998).
Because the record reflects that Stanley has been released and is
not subject to any term of supervised release, there is no case
or controversy for this court to address. Cf., United States v.
Gonzalez, 250 F.3d 923, 928 (5th Cir. 2001).
APPEAL DISMISSED AS MOOT.