Case: 17-50887 Document: 00514560696 Page: 1 Date Filed: 07/18/2018

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals No. 17-50887 Fifth Circuit FILED Conference Calendar July 18, 2018 Lyle W. Cayce UNITED STATES OF AMERICA, Clerk

Plaintiff-Appellee v. JOSE LUIS GONZALEZ-AYALA, Defendant-Appellant

Appeal from the United States District Court for the Western District of Texas USDC No. 3:17-CR-1060-1

Before DAVIS, JONES, and DUNCAN, Circuit Judges.

PER CURIAM: * The Federal Public Defender appointed to represent Jose Luis Gonzalez- Ayala 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). Gonzalez-Ayala submitted an untimely supplemental brief, which we construe as a motion for leave to file an out-of-time response and GRANT. The record is not sufficiently developed to allow us to make a fair

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 17-50887 Document: 00514560696 Page: 2 Date Filed: 07/18/2018

No. 17-50887 evaluation of Gonzalez-Ayala’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 Gonzalez-Ayala’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.