Herbert Lee Pate v. United States

The trial court denied, without a hearing, appellant’s motion under 28 U.S.C.A. § 2255, to have his sentence vacated. It permitted him to file notice of appeal without payment of fee, but refused to permit him to proceed further on his appeal in forma pauperis on the ground that the appeal was without merit and so not taken in good faith. Appellant challenges here the court’s certificate that his appeal is not taken in good faith, and asks leave from us to proceed on appeal in forma pauperis.

The contention urged in appellant’s Section 2255 motion was that there had been such delay in his…