*1 Before JOLLY, SMITH, and GRAVES, Circuit Judges.

PER CURIAM: ^[*]

The Federal Public Defender appointed to represent Anastacio Nerio 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). Nerio has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Nerio’s claims of ineffective assistance *2 Case: 16-40341 Document: 00513731144 Page: 2 Date Filed: 10/24/2016

No. 16-40341

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 Nerio’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 5 TH C IR . R. 42.2. Nerio’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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .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.