Garcia v. United States

Garcia has noticed an appeal from an order of the district court denying his motion to set aside a judgment of conviction and the plea of guilty to second degree murder on which the judgment was based. The appeal record has been docketed in this court and the case awaits briefs of the respective counsel. A motion made by appellant for the appointment of counsel on the appeal has caused the court to examine the • merits of his appeal to determine if the appointment of counsel is warranted.

The gravamen of Garcia’s motion in the district court and the chief issue on the appeal is whether he was…