This matter was heard on the government's motion to dismiss the attempted appeal in forma pauperis for failure to file a timely notice as required by Rule 37(a) (2) F.R.Crim.P. In his affidavit in support of his pro se petition for leave to appeal in forma pauperis, appellant stated that "his court-appointed counsel failed to file timely notice of appeal which would have raised `a constitutional issue...
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