United States Court of Appeals

Fifth Circuit

FILED

IN THE UNITED STATES COURT OF APPEALS

February 16, 2007

FOR THE FIFTH CIRCUIT

Charles R. Fulbruge III

Clerk

No. 06-50684

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

KAROLE D. BURTON,

Defendant-Appellant.

Appeal from the United States District Court

for the Western District of Texas

USDC No. 5:06-CV-291

USDC No. 5:03-CR-590-ALL

Before KING, HIGGINBOTHAM, and GARZA, Circuit Judges.

PER CURIAM:* Karole D. Burton, formerly federal prisoner # 03618-180, seeks a certificate of appealability to challenge the district court's denial of her 28U.S.C. § 2255 motion. She also seeks leave to proceed in forma pauperis (IFP). In her § 2255 motion Burton challenged the one-year prison term that the district court imposed after revoking the supervised release that she was serving for her conviction of theft of government property, in violation of 18U.S.C. § 641. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. To obtain a COA, Burton must make a substantial showing of the denial of a constitutional right. See § 2253(c)(2); MillerEl v. Cockrell, 537 U.S. 322, 336 (2003). During the pendency of this appeal, Burton was released from prison. Burton's claims have been rendered moot by her release. See Spencer v. Kemna, 523 U.S. 1, 7 (1998); Bailey v. Southerland, 821 F.2d 277, 278-79 (5th Cir. 1987). Therefore, this appeal is DISMISSED AS MOOT.

COA and IFP are DENIED AS MOOT.