United States v. Marvin Clements

NONPRECEDENTIAL DISPOSITION To be cited only in accordance with Fed. R. App. P. 32.1

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, Appeal from the United States District Plaintiff‐Appellee, Court for the Eastern District of Wisconsin.

v. No. 06‐CR‐9

MARVIN CLEMENTS, Lynn Adelman, Defendant‐Appellant. 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

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.