John Marshall Harlan II,
Rodriquez v. United States — Concurrence
“ At the time petitioner was sentenced, Rule 37 (a) (2) required that a sentencing judge advise only 'a defendant not represented by counsel' of his right to appeal. [1] (Emphasis supplied.) In this instance, petitioner was represented by retained counsel both at trial and at sentencing. The excerpts from the trial transcript upon which the Court relies contain nothing at all to rebut the natural inference, apparently drawn by the sentencing judge, that petitioner's counsel would continue to represent him at least for the purpose of filing a notice of appeal. ”
