United States v. Kyle Govindasamy

Case: 17-40062 Document: 00514204402 Page: 1 Date Filed: 10/20/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 17-40062 FILED October 20, 2017 Summary Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. KYLE M. GOVINDASAMY, Defendant-Appellant Appeal from the United States District Court for the Eastern District of Texas USDC No. 4:15-CR-185-1 Before HIGGINBOTHAM, JONES, and SMITH, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Kyle M. Govindasamy has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Govindasamy has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Govindasamy’s claims of ineffective assistance of counsel; we therefore decline * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. Case: 17-40062 Document: 00514204402 Page: 2 Date Filed: 10/20/2017 No. 17-40062 to consider the claims without prejudice to collateral review. See United States v. Isgar, 739 F.3d 829, 841 (5th Cir. 2014). We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Govindasamy’s response. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, the motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2. 2