United States v. Durham

PINE, District Judge.

I have before me an oral motion to allow defendant to appeal without prepayment of costs and to enlarge him on bail pending appeal. He has made affidavit of inability to pay such costs, but has given no explanation as to how he expects to raise the money to pay the premium on a bail bond.

An appeal in forma pauperis may not be taken if the trial judge certifies that it is not taken-in good faith.1 “Good faith” has been construed by the United States Court of Appeals for this Circuit to mean the existence of a “substantial question,” or one which has merit and is not…