U.S. Court of Appeals for the Fifth Circuit, 2016

United States v. Rachel Hardy

United States v. Rachel Hardy
U.S. Court of Appeals for the Fifth Circuit · Decided March 18, 2016 · Jolly, Dennis, Prado
642 F. App'x 336

United States v. Rachel Hardy

Opinion

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, 87 S.Ct. 1396, 18 L.Ed.2d 493 (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 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).

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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