Richard F. Smith v. United States

Richard F. Smith, petitioner, seeks review of an order of the United States District Court denying his motion for leave to appeal in forma pauperis his criminal conviction upon a plea of guilty. 1 The District Court certified that petitioner’s appeal was not taken in good faith and, therefore, unallowable under 28 U.S.C.A. § 1915(a). 2

The crux of petitioner’s complaint is his assertion that the District Court erred in refusing to permit the withdrawal of a guilty plea to an information prior to sentencing.

Petitioner was arrested on May 4, 1965 upon a complaint charging violation of 18…