Case: 22-11106 Document: 00516878390 Page: 1 Date Filed: 08/30/2023

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 22-11106 Summary Calendar FILED ____________ August 30, 2023 Lyle W. Cayce United States of America, Clerk Plaintiff—Appellee, versus Christopher Charles Gafford, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Northern District of Texas USDC No. 5:21-CR-40-1 ______________________________ Before Higginbotham, Stewart, and Southwick, Circuit Judges.

Per Curiam: * The Federal Public Defender appointed to represent Christopher Charles Gafford 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). Gafford has filed two responses. The record is not sufficiently developed to allow us to make a fair evaluation of _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 22-11106 Document: 00516878390 Page: 2 Date Filed: 08/30/2023

No. 22-11106

Gafford’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 Gafford’s responses. 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. Gafford’s motion for the appointment of new counsel is DENIED as untimely. See United States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998).