Case: 20-40715 Document: 00515788227 Page: 1 Date Filed: 03/19/2021

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED March 19, 2021 No. 20-40715 Lyle W. Cayce Conference Calendar Clerk

United States of America, Plaintiff—Appellee, versus Efren Eloy Lerma-Martinez, Defendant—Appellant.

Appeal from the United States District Court for the Southern District of Texas USDC No. 5:20-CR-649-1

Before King, Southwick, and Ho, Circuit Judges.

Per Curiam:* The Federal Public Defender appointed to represent Efren Eloy Lerma-Martinez 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). Lerma-Martinez 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* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.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: 20-40715 Document: 00515788227 Page: 2 Date Filed: 03/19/2021

No. 20-40715

The record is not sufficiently developed to allow us to make a fair evaluation of Lerma-Martinez’s claim of ineffective assistance of counsel; we therefore decline to consider the claim 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 Lerma-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 responsibilities herein, and the APPEAL IS DISMISSED. See 5th Cir. R. 42.2. Lerma- Martinez’s motion for the appointment of substitute counsel is DENIED.

See United States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998).