Case: 18-30571 Document: 00514781941 Page: 1 Date Filed: 01/04/2019

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

No. 18-30571 FILED Conference Calendar January 4, 2019 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. FRANK QUINTON GAITOR, Defendant-Appellant

Appeal from the United States District Court for the Western District of Louisiana USDC No. 2:17-CR-124-1

Before HIGGINSON, COSTA, and HO, Circuit Judges.

PER CURIAM: * The Federal Public Defender appointed to represent Frank Quinton Gaitor 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). Gaitor has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Gaitor’s claim of ineffective assistance of counsel; we therefore decline to consider the claim without

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 18-30571 Document: 00514781941 Page: 2 Date Filed: 01/04/2019

No. 18-30571 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 Gaitor’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. Gaitor’s pro se motion for appointment of new counsel is DENIED. Cf. United States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998).