United States v. Rachel Hardy , 642 F. App'x 336 ( 2016 )

Case: 15-10608 Document: 00513429441 Page: 1 Date Filed: 03/18/2016
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 15-10608
Summary Calendar
United States Court of Appeals
Fifth Circuit
FILED
March 18, 2016
UNITED STATES OF AMERICA,
Lyle W. Cayce
Clerk
Plaintiff-Appellee
v.
RACHEL HARDY,
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:14-CR-373-1
Before JOLLY, DENNIS, and PRADO, Circuit Judges.
PER CURIAM: *
The attorney appointed to represent Rachel Hardy 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).
Hardy has filed a response. The record is not sufficiently developed to allow
us to make a fair evaluation of Hardy’s claim that her guilty plea was not
knowing and voluntary due to ineffective assistance of counsel; we therefore
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 15-10608 Document: 00513429441 Page: 2 Date Filed: 03/18/2016
No. 15-10608
decline to consider the claim 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 Hardy’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. Hardy’s motion for appointment of substitute counsel is
DENIED. See United States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998).
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