United States of America v. Marvin Clements

11-2541Court of Appeals for the Seventh CircuitMar 2, 2012

Full text

United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
Submitted February 29, 2012
Decided March 2, 2012
Before
FRANK H. EASTERBROOK, Chief Judge
RICHARD A. POSNER, Circuit Judge
DIANE S. SYKES, Circuit Judge
No. 11‐2541
UNITED STATES OF AMERICA,
Plaintiff‐Appellee,
v.
MARVIN CLEMENTS,
Defendant‐Appellant.
Appeal from the United States District
Court for the Eastern District of Wisconsin.
No. 06‐CR‐9
Lynn Adelman,
District Judge.
O R D E R
Marvin Clements was convicted of being a felon in possession of a firearm, 18 U.S.C.
§§ 922(g)(1), 924(a)(2), and sentenced to a term of 48 months’ imprisonment. After his
release, Clements was arrested again for violating the terms of his supervision. The district
court found that Clements was in violation of his supervision, revoked his supervised
release, and sentenced him to a term of nine months’ imprisonment without any further
supervised release. Clements filed a notice of appeal, and his appointed lawyer asserts that
this appeal is frivolous and seeks to withdraw under Anders v. California, 386 U.S. 738, 744
(1967). Clements did not accept our invitation to address counsel’s motion. See CIR. R. 51(b).
Bureau of Prisons records show that Clements was released on February 15, 2012.
Because Clements has already completed his sentence and faces no collateral consequences
NONPRECEDENTIAL DISPOSITION
To be cited only in accordance with
Fed. R. App. P. 32.1

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No. 11‐2541 Page 2
of the revocation of supervised release, this appeal can no longer provide him any relief. See
Spencer v. Kemna, 523 U.S. 1, 7, 14 (1998); United States v. Hardy, 545 F.3d 280, 283–85 (4th Cir.
2008); United States v. Mazzillo, 373 F.3d 181, 182 (1st Cir. 2004). Accordingly, the appeal is
DISMISSED as moot.

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