FAY, Circuit Judge:
The petitioner, Howard Loter, appeals from the decision of the district court denying his application for writ of habeas corpus. After an evidentiary hearing the district court found that the petitioner ". . failed to prove that he instructed his attorneys of his desire to appeal his conviction . . ." and that he "failed to establish his counsels' failure to appeal his case constituted inadequate or incompetent representation so as to deny him...
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