Case: 18-10619 Document: 00515355578 Page: 1 Date Filed: 03/23/2020

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals No. 18-10619 Fifth Circuit FILED Conference Calendar March 23, 2020 Lyle W. Cayce UNITED STATES OF AMERICA, Clerk

Plaintiff-Appellee v. RICKEY LAVELL JENNINGS, Defendant-Appellant

Appeal from the United States District Court for the Northern District of Texas USDC No. 3:17-CR-45-1

Before CLEMENT, GRAVES, and OLDHAM, Circuit Judges.

PER CURIAM: * The attorney appointed to represent Rickey Lavell Jennings 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). Jennings has filed responses. The record is not sufficiently developed to allow us to make a fair evaluation of Jennings’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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 18-10619 Document: 00515355578 Page: 2 Date Filed: 03/23/2020

No. 18-10619 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 parts of the record reflected therein, as well as Jennings’s responses. 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. Jennings’s untimely request for appointment of new counsel on appeal is DENIED. See United States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998).