Herbert Charles Miller v. United States

MERRILL, Circuit Judge.

Under Title 28 U.S.C. § 2255, appellant moved to vacate and set aside judgment of conviction. His motion was denied without hearing by the District Court for the Southern District of California, Central Division, and he has taken this appeal.

His grounds for relief as alleged in his moving papers are as follows:

“That during sentencing procedure the trial judge did not advise the appellant of his right to appeal, nor of his right to have assigned counsel properly file such timely notice of appeal and to take all diligence to litigate adequately the appellant’s appeal…