Case: 23-40431 Document: 00517020106 Page: 1 Date Filed: 01/03/2024

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit ____________ FILED January 3, 2024 No. 23-40431 Summary Calendar Lyle W. Cayce ____________ Clerk United States of America, Plaintiff—Appellee, versus Jose Francisco Olvera-Rodriguez, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Southern District of Texas USDC No. 1:23-CR-196-1 ______________________________ Before King, Haynes, and Graves, Circuit Judges.

Per Curiam:* The Federal Public Defender appointed to represent Jose Francisco Olvera-Rodriguez 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). Olvera-Rodriguez has filed a response.

The record is not sufficiently developed to allow us to make a fair evaluation _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 23-40431 Document: 00517020106 Page: 2 Date Filed: 01/03/2024

No. 23-40431

of Olvera-Rodriguez’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 Olvera-Rodriguez’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.