Case: 23-10622 Document: 00517066444 Page: 1 Date Filed: 02/16/2024

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 23-10622 Summary Calendar FILED ____________ February 16, 2024 Lyle W. Cayce United States of America, Clerk Plaintiff—Appellee, versus Carlos Eduardo Plata-Ybarra, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Northern District of Texas USDC No. 4:23-CR-4-3 ______________________________ Before Higginbotham, Stewart, and Southwick, Circuit Judges.

Per Curiam: * The attorney appointed to represent Carlos Eduardo Plata-Ybarra 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). Plata-Ybarra has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Plata-Ybarra’s _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 23-10622 Document: 00517066444 Page: 2 Date Filed: 02/16/2024

No. 23-10622

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 Plata-Ybarra’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.