Case: 17-40801 Document: 00514521300 Page: 1 Date Filed: 06/20/2018

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit

No. 17-40801 FILED Conference Calendar June 20, 2018 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. MARIO ALBERTO JIMENEZ-MORALES, Defendant-Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 1:16-CR-955-1

Before SOUTHWICK, WILLETT, and ENGELHARDT, Circuit Judges.

PER CURIAM: * The Federal Public Defender appointed to represent Mario Alberto Jimenez-Morales 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). Jimenez-Morales has filed a response.

The record is not sufficiently developed to allow us to make a fair evaluation of Jimenez-Morales’s claims of ineffective assistance of counsel; we therefore

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 17-40801 Document: 00514521300 Page: 2 Date Filed: 06/20/2018

No. 17-40801 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 Jimenez-Morales’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. Jimenez-Morales’s motion for the appointment of new appellate counsel is DENIED.