Roger S. Bandy v. United States of America, No.

Appellant seeks leave to proceed in forma pauperis on the appeal taken by him from his conviction and sentence.

The trial judge allowed him to file his notice of appeal without payment of costs but refused to let him proceed further in forma pauperis, certifying that the appeal was not taken in good faith.

The question on his motion here is whether this certificate was arbitrary or unwarranted, on the basis of the test prescribed by Ellis v. United States, 356 U.S. 674, 675, 78 S.Ct. 974, 975, 2 L.Ed.2d 1060, that the appeal presents some issue “that is not plainly frivolous.” “The * * * test…