Full Opinion

Case: 26-40204 Document: 65-1 Page: 1 Date Filed: 11/09/2026 United States Court of Appeals for the Fifth Circuit United States Court of Appeals ____________ Fifth Circuit FILED No. 26-40204 November 9, 2026 Summary Calendar Thomas B. Plunkett, III ____________ Clerk United States of America, Plaintiff—Appellee, versus Marvin Alexander Portillo, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Eastern District of Texas USDC No. 4:23-CR-269-23 ______________________________ Before Willett, Duncan, and Engelhardt, Circuit Judges. Per Curiam: * The attorney appointed to represent Marvin Alexander Portillo has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Portillo has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Portillo’s claims of ineffective assistance of counsel; we therefore decline to consider the claims * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 26-40204 Document: 65-1 Page: 2 Date Filed: 11/09/2026 No. 26-40204 without prejudice to collateral review. See United States v. Isgar, 739 F.3d 829, 841 (5th Cir. 2014). We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Portillo’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. 2