Case: 19-41030      Document: 00515431781         Page: 1    Date Filed: 05/28/2020




           IN THE UNITED STATES COURT OF APPEALS
                    FOR THE FIFTH CIRCUIT
                                                                       United States Court of Appeals

                                    No. 19-41030
                                                                                Fifth Circuit

                                                                              FILED
                                 Conference Calendar                      May 28, 2020
                                                                         Lyle W. Cayce
UNITED STATES OF AMERICA,                                                     Clerk


                                                 Plaintiff-Appellee

v.

MELVIN EULISES NUNEZ-GUERRA, also known as Carlos Hernandez
Portillo,

                                                 Defendant-Appellant


                   Appeal from the United States District Court
                        for the Southern District of Texas
                            USDC No. 7:19-CR-1614-1


Before JONES, HIGGINSON, and WILLETT, Circuit Judges.
PER CURIAM: *
       The Federal Public Defender appointed to represent Melvin Eulises
Nunez-Guerra has moved for leave to withdraw and has filed a brief in
accordance with Anders v. California, 

(1967), and United States
v. Flores, 

(5th Cir. 2011). Nunez-Guerra has filed a response.
The record is not sufficiently developed to allow us to make a fair evaluation of



       * Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH
CIR. R. 47.5.4.
    Case: 19-41030    Document: 00515431781     Page: 2   Date Filed: 05/28/2020


                                 No. 19-41030

Nunez-Guerra’s claim of ineffective assistance of counsel; we therefore decline
to consider the claim without prejudice to collateral review. See United States
v. Isgar, 

, 841 (5th Cir. 2014).
      We have reviewed counsel’s brief and the relevant portions of the record
reflected therein, as well as Nunez-Guerra’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 5TH CIR. R. 42.2.




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