JACK B. WEINSTEIN, Senior District Judge
Petitioner brought this section 2255 petition after having been convicted and having his conviction affirmed. This petition is based upon a claim that he was ill represented at the sentencing hearing and on appeal.
The court attempted to find counsel for him, but prospective counsel could not find any basis to support petitioner's claims. At a hearing in this court, petitioner was present in the court and argued in support of his position. There is no merit to his claim of inadequate counsel at the trial level.
There was one disturbing element, alleged failure to advise defendant of the right to file his own argument on appeall after his counsel's conclusion that he could find no meritorious claim on the appeal. Even if this constituted error, based upon his section 2255 claims there appears to have been no argument petitioner could have made on appeal that would have merited a reversal. In the view that the court of appeals may wish to examine its own practice in handling such appeals, a certificate of appealability is granted on the issue of adequacy of counsel on appeal.
The petition is dismissed. A certificate of appealability on adequacy of appellate counsel is granted. The clerk shall enter a notice of appeal for petitioner.
Give notice of this decision to counsel and petitioner.