Garcia

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 coerced into pleading guilty to a charge of second degree murder. In the syndrome of this contention are allegations that his counsel, Goodwin, was negligent and ineffective since he helped to cajole Garcia into pleading guilty, that he was denied a jury trial, that he was insane and not legally responsible for his act, and that he was denied a hearing on the charge against him.

The district judge found that Garcia had pleaded guilty to a lesser charge of second-degree murder on the agreement of the United States Attorney not to ask for conviction on the indictment which charged…