Marion

This is an appeal from an order denying appellant’s several motions in the course of a proceeding for a new trial and for an arrest of a judgment sentencing him to imprisonment for successive terms amounting to 16 years, for violations of the National Motor Vehicle Theft Act, 18 U.S.C.A. § 408 , and for conspiracy with respect thereto.

One of appellant’s denied motions is for a writ of habeas corpus to bring him to Nevada to participate in his motion for a new trial from the Leavenworth Penitentiary to which he was committed. ' Another is for the appointment of counsel during his proceeding in the District Court on his motion for a new trial. The court denied both motions. The latter it denied apparently on the ground that though one cannot take an appeal until his district court proceeding for a new trial is disposed of, during which time the district court and not the appellate court has jurisdiction, such new trial procedure is nevertheless a part of an *159 appeal. It seems to have been thought that an accused man is not entitled to counsel on appeal where as here the statute allows him an appeal, because the Sixth Amendment does not require Congress or a state legislature to…