Case: 23-50643 Document: 50-1 Page: 1 Date Filed: 04/15/2024

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 23-50643 Summary Calendar FILED ____________ April 15, 2024 Lyle W. Cayce United States of America, Clerk Plaintiff—Appellee, versus Adrian Christopher Aguilar, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Western District of Texas USDC No. 5:19-CR-181-1 ______________________________ Before Elrod, Oldham, and Wilson, Circuit Judges.

Per Curiam: * The Federal Public Defender appointed to represent Adrian Christopher Aguilar 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). Aguilar has filed a response. 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: 23-50643 Document: 50-1 Page: 2 Date Filed: 04/15/2024

No. 23-50643

Aguilar’s claims of ineffective assistance of counsel and prosecutorial misconduct; 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); United States v. Corbett, 742 F.2d 173, 176–78 (5th Cir. 1984). We DENY Aguilar’s request to seal his pro se response. See S.E.C. v. Van Waeyenberghe, 990 F.2d 845, 848 (5th Cir. 1993).

We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Aguilar’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.