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196 F. App'x 310

United States v. Smith

U.S. Courts of Appeals

Decided August 28, 2006

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U.S. Courts of Appeals · decided 2006-08-28

Applies 18 U.S.C. § 3553

Relies on Lewis v. Continental Bank Corp. · Dedeaux v. Pilot Life Insurance

Decided 2006-08-28

PER CURIAM: *

¶1 Terri Diane Smith appeals from the 18-month sentence imposed following the revocation of her supervised release. Smith contends that the sentence was unreasonable and that the district court failed to consider the sentencing factors set forth at 18 U.S.C. § 3553(a).

¶2 “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). Smith was released from federal custody on May 26, 2006, and she was not ordered to serve another term of supervised release. Accordingly, Smith’s appeal is moot. See Lewis v. Continental Bank Corp., 494 U.S. 472, 477, 110 S.Ct. 1249, 108 L.Ed.2d 400 (1990).

¶3 APPEAL DISMISSED AS MOOT.

*

¶4 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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