Case: 18-51057 Document: 00515106002 Page: 1 Date Filed: 09/05/2019

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

No. 18-51057 FILED September 5, 2019 Conference Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. HUGO ALBERTO MONTES, Defendant-Appellant

Appeal from the United States District Court for the Western District of Texas USDC No. 3:18-CR-410-3

Before DENNIS, OWEN, and HO, Circuit Judges.

PER CURIAM: * The attorney appointed to represent Hugo Alberto Montes 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).

Montes has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Montes’s claims of ineffective assistance of

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 18-51057 Document: 00515106002 Page: 2 Date Filed: 09/05/2019

No. 18-51057 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 Montes’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.