U.S. Court of Appeals for the Fifth Circuit, 2021

United States v. Kirkendoll

United States v. Kirkendoll
U.S. Court of Appeals for the Fifth Circuit · Decided April 19, 2021

United States v. Kirkendoll

Opinion

Case: 20-30566 Document: 00515826287 Page: 1 Date Filed: 04/19/2021

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED No. 20-30566 April 19, 2021 Conference Calendar Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Bobby B. Kirkendoll, Defendant—Appellant.

Appeal from the United States District Court for the Western District of Louisiana USDC No. 5:19-CR-231-1

Before Smith, Stewart, and Higginson, Circuit Judges.

Per Curiam:* The attorney appointed to represent Bobby B. Kirkendoll 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). Kirkendoll has filed a response. The record is not sufficiently

* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.

Case: 20-30566 Document: 00515826287 Page: 2 Date Filed: 04/19/2021

No. 20-30566

developed to allow us to make a fair evaluation of Kirkendoll’s claims of ineffective assistance of counsel; we therefore decline 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 Kirkendoll’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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