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PATE v. UNITED STATES

No. 16956.

297 F.2d 166 (1962)

Herbert Lee PATE, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Eighth Circuit.

Rehearing Denied February 5, 1962.

PER CURIAM.

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...

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