United States v. Edwards

* 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that this opinion should not be published and is not precedent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
July 6, 2004
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 03-10874
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
AUDREY EDWARDS, also known as Kristin Lynn Colony,
Defendant-Appellant.
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Appeals from the United States District Court
for the Northern District of Texas
USDC No. 3:98-CR-26-1-H
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Before HIGGINBOTHAM, DAVIS and PRADO, Circuit Judges.
PER CURIAM:*
Audrey Edwards, federal prisoner # 31384-077, appeals from
the district court’s denial of her Rule 60(b) motion to correct
the term of her imprisonment following the revocation of her
supervised release. Edwards argues that this court should order
the district court to release her from custody. The Government
has filed a motion to dismiss Edwards’s appeal on the ground that
it is frivolous, or in the alternative, for an extension of the
briefing schedule.

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No. 03-10874
-2-
“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). “In the absence of its being raised by a party,
this court is obliged to raise the subject of mootness sua
sponte.” Id.
Inmate records from the Federal Bureau of Prisons reflect
that Edwards was released from federal custody on May 28, 2004.
Accordingly, this court cannot provide Edwards with relief, and
her APPEAL IS DISMISSED AS MOOT. See Lewis v. Continental Bank
Corp., 494 U.S. 472, 477 (1990). The Government’s motion is
DENIED AS UNNECESSARY.
APPEAL DISMISSED AS MOOT; MOTION TO DISMISS APPEAL AS
FRIVOLOUS DENIED AS UNNECESSARY.

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