Case: 22-10202 Document: 00516536238 Page: 1 Date Filed: 11/07/2022

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit No. 22-10202 Summary Calendar FILED November 7, 2022 Lyle W. Cayce United States of America, Clerk Plaintiff—Appellee, versus Demarcus Smith, Defendant—Appellant.

Appeal from the United States District Court for the Northern District of Texas USDC No. 4:21-CR-206-2

Before Smith, Dennis, and Southwick, Circuit Judges.

Per Curiam:* The attorney appointed to represent Demarcus Smith 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).

Smith has filed a response. The record is not sufficiently developed to allow

* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.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: 22-10202 Document: 00516536238 Page: 2 Date Filed: 11/07/2022

No. 22-10202

us to make a fair evaluation of Smith’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 Smith’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.