
    UNITED STATES of America, Plaintiff-Appellee v. Emmitt HERRERA, Jr., Defendant-Appellant
    No. 16-10704 Summary Calendar
    United States Court of Appeals, Fifth Circuit.
    Filed September 1, 2017
    James Wesley Hendrix, Assistant U.S. Attorney, U.S. Attorney’s Office, Northern District of Texas, Dallas, TX, for Plaintiff-Appellee
    Emmitt Herrera, Jr., Pro Se
    Before JOLLY, OWEN, and HAYNES, Circuit Judges.
   PER CURIAM:

The attorney appointed to represent Emmitt Herrera, Jr., has moved for leave to withdraw and has filed a brief and a supplemental 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). Herrera has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Herrera’s claims of ineffective assistance 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). The motion for appointment of substitute counsel is DENIED as untimely. See United States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998).

We have reviewed counsel’s briefs and the relevant portions of the record reflected therein, as well as Herrera’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. 
      
       Pursuant to 5th Cir. R. 47,5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
     