Case: 19-51042 Document: 00515447288 Page: 1 Date Filed: 06/10/2020

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED No. 19-51042 June 10, 2020 Conference Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff–Appellee, v. PAUL SIMONS, Defendant–Appellant.

Appeal from the United States District Court for the Western District of Texas USDC No. 7:19-CR-62-1

Before JONES, HIGGINSON, and WILLETT, Circuit Judges.

PER CURIAM: * The attorney appointed to represent Paul Simons 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).

Simons has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Simons’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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 19-51042 Document: 00515447288 Page: 2 Date Filed: 06/10/2020

No. 19-51042 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 Simons’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.