*1 Before JONES, DENNIS, and GRAVES, Circuit Judges.
PER CURIAM: [*]
The Federal Public Defender appointed to represent Lino Hernandez- Benitez 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). Hernandez-Benitez has filed a motion for the appointment of new counsel. We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Hernandez- *2 Case: 17-40205 Document: 00514280284 Page: 2 Date Filed: 12/20/2017
No. 17-40205
Benitez’s motion. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. To the extent Hernandez- Benitez asserts a claim of ineffective assistance of counsel in his motion, the record is not sufficiently developed to allow us to make a fair evaluation of the claim; we therefore decline to consider it without prejudice to collateral review. See United States v. Isgar , 739 F.3d 829, 841 (5th Cir. 2014).
Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5 TH C IR . R. 42.2. Hernandez-Benitez’s motion for the appointment of new counsel is DENIED.
2
[*] Pursuant to 5 TH C IR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4.