The following excerpt is from Edwards v. United States, 286 F.2d 704 (9th Cir. 1961):
It is obvious that appellant has been proceeding under this 2255 motion under a misapprehension that Government counsel's suggestion that the case be set down for trial had been approved and accepted by the court. Nevertheless the appeal is completely frivolous; there is therefore no occasion for appointing further counsel and all of appellant's applications are therefore denied and his appeal is dismissed as completely frivolous. See United States v. Johnson, 327 U.S. 106, 66 S.Ct. 464, 90 L.Ed. 562.
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