Case: 18-10129 Document: 00514784128 Page: 1 Date Filed: 01/07/2019

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 18-10129 FILED Conference Calendar January 7, 2019 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. GREGORY JEROME MITCHELL, also known as Jimmy Jombo Kalu, Defendant-Appellant

Appeal from the United States District Court for the Northern District of Texas USDC No. 5:17-CR-68-1

Before KING, ELROD, and WILLETT, Circuit Judges.

PER CURIAM: * The Federal Public Defender appointed to represent Gregory Jerome Mitchell 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). Mitchell has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Mitchell’s claim of ineffective assistance of counsel; we therefore decline to consider the claim

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 18-10129 Document: 00514784128 Page: 2 Date Filed: 01/07/2019

No. 18-10129 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 Mitchell’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.