Frank Emmett Tweedy v. United States

Proceeding under 28 U.S.C.A. § 2255 , Frank Emmett Tweedy moved in the district court to vacate and set aside a judgment of conviction entered on a plea of guilty of the crime of unlawful possession of a firearm in violation of 26 U.S. C.A. (I.R.C.1954) § 5851, and for leave to withdraw the plea of guilty. The motion was denied without hearing. Tweedy appealed and moved in this court for leave to proceed in forma pauperis. The motion was supported by an affidavit of the kind required by 28 U.S.C.A. § 1915 .

We appointed counsel to assist Tweedy in prosecuting his motion to proceed in forma pauperis. So assisted, Tweedy then moved in the district court for leave to proceed in forma pauperis. The motion was denied by that court. In the order of denial it was stated, among other things:

Tweedy, still assisted by court-appointed counsel, has now renewed in this court his motion to proceed in forma pauperis. Two grounds are asserted why the motion should be granted. The first of these is that the district court did not issue a certificate that the appeal is not taken in good faith and that leave to proceed in forma pauperis must therefore be granted. Title 28 U.S.C.A. § 1915 ,…