Kelly v. United States

WILBUR, Circuit Judge.

Appellant, Harry C. Kelly, has requested the court to appoint an attorney to represent him on his appeal in forma pauperis .from a denial of his motion to vacate and set aside the judgment and sentence. The contentions he makes upon this appeal are the same made in his application for writ of habeas corpus, which was denied by the trial court, and the order of denial affirmed in this court in Kelly v. Johnston, 9 Cir., 128 F.2d 793. In that action he was represented by counsel appointed by the lower court who also appeared upon appeal in this court.

The appellant has…