Case: 21-10412 Document: 00516096743 Page: 1 Date Filed: 11/17/2021

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED No. 21-10412 November 17, 2021 Summary Calendar Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Mark Lucio, Defendant—Appellant.

Appeal from the United States District Court for the Northern District of Texas USDC No. 5:19-CR-143-1

Before Wiener, Dennis, and Haynes, Circuit Judges.

Per Curiam:* The attorney appointed to represent Mark Lucio 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).

Lucio has filed a response. To the extent Lucio raises such allegations, the

* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.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: 21-10412 Document: 00516096743 Page: 2 Date Filed: 11/17/2021

No. 21-10412

record is not sufficiently developed to allow us to make a fair evaluation of any claims of ineffective assistance of counsel; we therefore decline to consider such 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 Lucio’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. Lucio’s pro se motion for appointment of new counsel is DENIED as untimely. See United States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998).