Case: 19-10205 Document: 00515267765 Page: 1 Date Filed: 01/10/2020

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED No. 19-10205 January 10, 2020 Conference Calendar Lyle W. Cayce Clerk

UNITED STATES OF AMERICA, Plaintiff−Appellee, versus JOHNNY RAY MARTINEZ, also known as Juan Ramon Martinez, Defendant−Appellant.

Appeal from the United States District Court for the Northern District of Texas No. 5:17-CR-44-1

Before DAVIS, SMITH, and SOUTHWICK, Circuit Judges.

PER CURIAM: * The attorney appointed to represent Johnny Martinez has moved 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 19-10205 Document: 00515267765 Page: 2 Date Filed: 01/10/2020

No. 19-10205 withdraw and has filed a brief per Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Martinez has filed a response. The record is not sufficiently developed for a fair evaluation of Mar- tinez’s claims of ineffective assistance of counsel; we therefore decline to con- sider them but without prejudice to collateral review. See United States v. Isgar, 739 F.3d 829, 841 (5th Cir. 2014).

We have reviewed counsel’s brief, relevant portions of the record, and Martinez’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 responsi- bilities herein, and the appeal is DISMISSED. See 5TH CIR. R. 42.2. To the extent that Martinez moves for the appointment of substitute counsel, the motion is DENIED. See United States v. Wagner, 158 F.3d 901, 902−03 (5th Cir. 1998).