Case: 17-40449 Document: 00514574068 Page: 1 Date Filed: 07/27/2018

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals No. 17-40449 Fifth Circuit FILED Conference Calendar July 27, 2018 Lyle W. Cayce UNITED STATES OF AMERICA, Clerk

Plaintiff-Appellee v. JORGE DAMIAN AGUIRRE SIFUENTES, JR., Defendant-Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 5:16-CR-130-1

Before REAVLEY, OWEN, and GRAVES, Circuit Judges.

PER CURIAM: * The Federal Public Defender appointed to represent Jorge Damian Aguirre Sifuentes, Jr. 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). Aguirre Sifuentes has filed a response.

The record is not sufficiently developed to allow us to make a fair evaluation of Aguirre Sifuentes’s claim 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 17-40449 Document: 00514574068 Page: 2 Date Filed: 07/27/2018

No. 17-40449 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 Aguirre Sifuentes’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.