Case: 21-20190 Document: 00516227613 Page: 1 Date Filed: 03/07/2022

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED March 7, 2022 No. 21-20190 Lyle W. Cayce Summary Calendar Clerk

United States of America, Plaintiff—Appellee, versus Willie Earl Gaderson, Defendant—Appellant.

Appeal from the United States District Court for the Southern District of Texas USDC No. 4:19-CR-914-1

Before Southwick, Oldham, and Wilson, Circuit Judges.

Per Curiam:* The Federal Public Defender appointed to represent Willie Earl Gaderson 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). Gaderson’s motion to file a pro se response out of

* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.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: 21-20190 Document: 00516227613 Page: 2 Date Filed: 03/07/2022

No. 21-20190

time is GRANTED. The record is not sufficiently developed to allow us to make a fair evaluation of Gaderson’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 Gaderson’s response. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, counsel’s 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.