Marco Antonio Rivera v. United States

OPINION OF THE COURT

SEITZ, Chief Judge

This is an appeal from a denial by the district court of a motion under 28 U.S.C.A. § 2255 to vacate sentence and set aside a judgment.

In 1968, appellant’s retained counsel filed a notice of appeal from his conviction and life sentence. Subsequently his trial counsel was superseded on appeal by counsel appointed by this court. Appointed counsel did not file a brief and appendix as required by the rules of this court. Instead, he notified the court that he had been unable to find any basis for appeal. However, he took no other action. Many months later,…