The following excerpt is from Dodd v. United States, 321 F.2d 240 (9th Cir. 1963):
In Mitchell v. United States, (1958), 103 U.S.App.D.C. 97, 254 F.2d 954, defendant alleged his trial counsel refused to appeal because defendant could not pay him a fee. "But such a refusal, in the circumstances of this case, is not a ground for vacating the sentence.
"It has been said that `failure to appeal may not be excused upon a mere showing of neglect of counsel.' Dennis v. United States, 4 Cir., 177 F.2d 195. Perhaps that statement is too broad. We need not now decide whether failure to appeal would be a denial of effective assistance, and would open a conviction to `collateral attack' under 2255, if there were plain reversible error in the trial. There was no such plain error in this trial."
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