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United States v. Kyle Govindasamy, 17-40062 (2017)

Court: Court of Appeals for the Fifth Circuit Number: 17-40062 Visitors: 20
Filed: Oct. 20, 2017
Latest Update: Mar. 03, 2020
Summary: 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 CURI
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     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.




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Source:  CourtListener

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