Case: 16-11382 Document: 00514397024 Page: 1 Date Filed: 03/22/2018

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals No. 16-11382 Fifth Circuit

Summary Calendar FILED March 22, 2018 Lyle W. Cayce UNITED STATES OF AMERICA, Clerk Plaintiff-Appellee v. EARL CAIN, Defendant-Appellant

Appeal from the United States District Court for the Northern District of Texas USDC No. 3:15-CR-44-6

Before HIGGINBOTHAM, JONES, and SMITH, Circuit Judges.

PER CURIAM: * The attorney appointed to represent Earl Cain has moved for leave to withdraw and has filed briefs in accordance with Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Cain has filed two pro se responses. The record is not sufficiently developed to allow us to make a fair evaluation of Cain’s claims of ineffective assistance of counsel;

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 16-11382 Document: 00514397024 Page: 2 Date Filed: 03/22/2018

No. 16-11382 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 briefs and the relevant portions of the record reflected therein, as well as Cain’s responses. 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. Cain’s motion to appoint new counsel is DENIED. See United States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998).