Case: 19-20817 Document: 00515597669 Page: 1 Date Filed: 10/12/2020

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED October 12, 2020 No. 19-20817 Lyle W. Cayce Conference Calendar Clerk

United States of America, Plaintiff—Appellee, versus Mack Biggers, Defendant—Appellant.

Appeal from the United States District Court for the Southern District of Texas USDC No. 4:18-CR-740-1

Before Jones, Clement, and Haynes, Circuit Judges.

Per Curiam:* The attorney appointed to represent Mack Biggers 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).

Biggers has filed a response. The record is not sufficiently developed to allow

* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.

Case: 19-20817 Document: 00515597669 Page: 2 Date Filed: 10/12/2020

No. 19-20817

us to make a fair evaluation of Biggers’s claims of ineffective assistance of 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 Biggers’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.