USA v. Eileen Pruitt, No. 15-40476 (5th Cir. 2016)

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Case: 15-40476 Document: 00513556303 Page: 1 Date Filed: 06/21/2016 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 15-40476 Conference Calendar United States Court of Appeals Fifth Circuit FILED June 21, 2016 UNITED STATES OF AMERICA, Plaintiff-Appellee Lyle W. Cayce Clerk v. EILEEN BETH PRUITT, Defendant-Appellant Appeal from the United States District Court for the Eastern District of Texas USDC No. 4:13-CR-269-9 Before JONES, CLEMENT, and OWEN, Circuit Judges. PER CURIAM: * The attorney appointed to represent Eileen Beth Pruitt 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). Pruitt has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Pruitt’s claims of ineffective assistance of counsel; 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 15-40476 Document: 00513556303 Page: 2 Date Filed: 06/21/2016 No. 15-40476 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). We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Pruitt’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. Pruitt’s untimely motion to appoint new counsel is DENIED. 2