Del'marmol

Del’Marmol seeks a certificate of probable cause for appeal from a judgment of the United States District Court for the Northern District of California, Northern Division, and for permission to proceed with the appeal in forma pauperis. The district judge refused to grant a certificate of probable cause and ruled that the appeal was not taken in good faith.

On November 17, 1945, Del’Marmol was convicted of the crime of second-degree burglary and was sentenced by the California court to a term of 1-15 years. The Adult Authority, pursuant to California’s indeterminate sentence law, set Del’Mar-mol’s term at seven years. He was released on parole on December 1, 1947. His parole was revoked on March 26, 1948, and he was returned to prison. On August 8, 1949, he was again released on parole. On November 9, 1950, he was arrested and placed in custody on a charge of having violated 18 U.S.C. § 2315 , a charge upon which he was ultimately convicted. On December 12, 1950, Del’Marmol’s parole was ordered suspended and he was ordered returned to prison. He now seeks release from this imprisonment.

It is Del’Marmol’s contention that he has served the full sentence imposed by law, that at…