Case: 22-40078 Document: 00516463380 Page: 1 Date Filed: 09/07/2022

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED September 7, 2022 No. 22-40078 Summary Calendar Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Elizandro Payan-Martinez, Defendant—Appellant.

Appeal from the United States District Court for the Eastern District of Texas USDC No. 4:19-CR-171-1

Before Stewart, Duncan, and Wilson, Circuit Judges.

Per Curiam:* The Federal Public Defender appointed to represent Elizandro Payan- 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). Payan-Martinez has filed a response. The record

* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.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: 22-40078 Document: 00516463380 Page: 2 Date Filed: 09/07/2022

No. 22-40078

is not sufficiently developed to allow us to make a fair evaluation of Payan- Martinez’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 Payan-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.