Case: 23-40201 Document: 81-1 Page: 1 Date Filed: 06/14/2024

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit

No. 23-40201 FILED June 14, 2024 Summary Calendar ____________ Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Manuel Enrique Ayala Rodriguez, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Southern District of Texas USDC No. 5:20-CR-786-10 ______________________________ Before Smith, Higginson, and Engelhardt, Circuit Judges.

Per Curiam:* The attorney appointed to represent Manuel Ayala Rodriguez has moved to withdraw and has filed a brief per Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Ayala Rodriguez has filed a response.

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 23-40201 Document: 81-1 Page: 2 Date Filed: 06/14/2024

No. 23-40201

The record is not sufficiently developed to allow us to make a fair evaluation of Ayala Rodriguez’s claims of ineffective assistance of counsel and prosecutorial misconduct; we therefore decline to consider the claims, but 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 have reviewed counsel’s brief, relevant portions of the record, and Ayala Rodriguez’s response. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review.

Accordingly, the motion to appoint new counsel is DENIED, the motion to withdraw is GRANTED, counsel is excused from further respon- sibilities herein, and the appeal is DISMISSED. See 5th Cir. R. 42.2.