John Charles Edwards, Jr., and Movant v. United States of America, And

Upon this appeal this court has previously granted appellant leave to proceed in forma pauperis and has appointed counsel to represent him. Appellant and his counsel have received a transcript of the record sufficient to disclose the matters which transpired in the court below which gave rise to the contentions which appellant seeks to make in support of his appeal. After an examination of the record in the case, counsel previously appointed has appealed to the court for leave to withdraw as an attorney for the appellant stating that after such examination of the record and the applicable law the attorney concludes that there is no basis for an appeal.

Appellant now seeks appointment of another attorney to represent him, to extend the time for filing briefs and to release the appellant upon his own recognizance.

[X] The court cannot release the appellant from serving the prison term which was imposed upon him; nor can the court enlarge him upon bail. This is not an appeal from the judgment of conviction; it is an appeal from a denial of a postconviction remedy under Title 28, § 2255. The proceeding is not a criminal one; nor is it governed by the rules of criminal procedure; and…