Case: 17-11190 Document: 00514563305 Page: 1 Date Filed: 07/19/2018

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

No. 17-11190 FILED July 19, 2018 Conference Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. TOMMY RODRIGUEZ, Defendant-Appellant

Appeals from the United States District Court for the Northern District of Texas USDC No. 3:15-CR-307-16

Before HIGGINSON, COSTA, and HO, Circuit Judges.

PER CURIAM: * The attorney appointed to represent Tommy Rodriguez 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).

Rodriguez has filed a response and an incorporated motion to proceed pro se on appeal. The record is not sufficiently developed to allow us to make a fair evaluation of Rodriguez’s claim of ineffective assistance of counsel; we

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 17-11190 Document: 00514563305 Page: 2 Date Filed: 07/19/2018

No. 17-11190 therefore decline to consider the claim 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 Rodriguez’s response. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review.

Accordingly, Rodriguez’s motion for leave to proceed pro se on appeal is DENIED, 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.