Case: 18-40464 Document: 00514902572 Page: 1 Date Filed: 04/04/2019

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

No. 18-40464 FILED Conference Calendar April 4, 2019 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. DAVID FRANKLIN BECK, JR., Defendant-Appellant

Appeal from the United States District Court for the Eastern District of Texas USDC No. 6:15-CR-4-2

Before HIGGINSON, COSTA, and HO, Circuit Judges.

PER CURIAM: * The attorney appointed to represent David Franklin Beck, 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). Beck has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Beck’s claims of ineffective assistance

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 18-40464 Document: 00514902572 Page: 2 Date Filed: 04/04/2019

No. 18-40464 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 Beck’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. Beck’s motion for appointment of counsel is DENIED.