The attorney appointed to represent Luis Curiel-Trevino has moved to withdraw and has filed a brief per Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Curiel-Trevino has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Curiel-Trevinos claim of ineffective assistance of counsel; we therefore decline to consider the claim without prejudice to collateral review. See United States v. Isgar, 739 F.3d 829, 841 (5th Cir. 2014).
We have reviewed counsels brief, relevant portions of the record, and Curiel-Trevinos response. We concur with counsels assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, the motion to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the appeal is DISMISSED. See 5th Cir. R. 42.2. Curiel-Trevinos motion for leave to file an out-of-time supplemental response or for a stay is DENIED.
FOOTNOTES
FOOTNOTE
Per Curiam:*
FN* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.