Case: 19-50126 Document: 00515111404 Page: 1 Date Filed: 09/10/2019

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

No. 19-50126 FILED September 10, 2019 Conference Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. FIDEL MARTINEZ-ARROYO, Defendant-Appellant

Appeal from the United States District Court for the Western District of Texas USDC No. 4:18-CR-416-1

Before JONES, HIGGINSON, and WILLETT, Circuit Judges.

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

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 19-50126 Document: 00515111404 Page: 2 Date Filed: 09/10/2019

No. 19-50126 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 Martinez-Arroyo’s response. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, counsel’s 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.