The attorney appointed to represent Esmir Colorado-Cuero has moved for leave to withdraw and has filed a brief in accordance with 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). Colorado-Cuero has filed a response and has moved for appointment of new counsel. The record is not sufficiently developed to allow us to make a fair evaluation of Colorado-Cueros 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). Because Colorado-Cuero moved for the appointment of counsel after the filing of counsels initial Anders brief, the motion is DENIED as untimely. See United States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998) (holding that a motion to proceed pro se filed after an Anders brief was untimely).
We have reviewed counsels brief and the relevant portions of the record reflected therein, as well as Colorado-Cueros response. We concur with counsels assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, counsels 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.
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FN* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.