United States of America v. Manuel Enrique Ayala Rodriguez

McAllen, Texas criminal defense lawyer represented the Defendant who was convicted of a felony.

The attorney appointed to represent Manuel Ayala Rodriguez has

moved to withdraw and has filed a brief per Anders v. California, 386 U.S. 738

(1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Ayala

Rodriguez has filed a response.



The record is not sufficiently developed to allow us to make a fair

evaluation of Ayala Rodriguez's claims of ineffective assistance of counsel

and prosecutorial misconduct; we therefore decline to consider the claims,

but without prejudice to collateral review. See United States v. Isgar, 739 F.3d

829, 841 (5th Cir. 2014); United States v. Corbett, 742 F.2d 173, 176–78 (5th

Cir. 1984).



We have reviewed counsel's brief, relevant portions of the record, and

Ayala Rodriguez's response. We concur with counsel's assessment that the

appeal presents no nonfrivolous issue for appellate review.

Accordingly, the motion to appoint new counsel is DENIED, the

motion to withdraw is GRANTED, counsel is excused from further respon-

sibilities herein, and the appeal is DISMISSED. See 5th Cir. R. 42.2.