Case: 20-40471 Document: 00515724831 Page: 1 Date Filed: 01/28/2021

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED January 28, 2021 No. 20-40471 Lyle W. Cayce Conference Calendar Clerk

United States of America, Plaintiff—Appellee, versus Jose Guadalupe Pacheco-Ortuna, Defendant—Appellant.

Appeal from the United States District Court for the Eastern District of Texas USDC No. 4:19-CR-172-1

Before Graves, Willett, and Duncan, Circuit Judges.

Per Curiam:* The Federal Public Defender appointed to represent Jose Guadalupe Pacheco-Ortuna 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). Pacheco-Ortuna has filed a response.

* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.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: 20-40471 Document: 00515724831 Page: 2 Date Filed: 01/28/2021

No. 20-40471

The record is not sufficiently developed to allow us to make a fair evaluation of Pacheco-Ortuna’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 Pacheco-Ortuna’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.