R. Milo Gilbert v. United States of America, Undocketed

R. Milo Gilbert has appealed to this court from a judgment convicting him on twenty counts alleging violations of 26 U.S.C.A. § 7206 (2), eight counts alleging violations of 18 U.S.C.A. § 495 , and three counts alleging violations of 18 U.S.C.A. § 1001 . Gilbert gave notice of appeal, and pursuant to 28 U.S.C.A. § 1915 applied to the district court for leave to prosecute his appeal in forma pauperis. The district court denied the application and certified that the appeal is not taken in good faith.

Gilbert, aided by counsel, has now applied to this court for leave to appeal in forma pauperis, and has filed here a copy of the affidavit which he filed in the district court in support of his 28 U.S.C.A. § 1915 application. The district court did not find this affidavit deficient with respect to the allegations as to poverty, and under the circumstances of this case we find it sufficient for our purposes on the question of poverty.

Section 1915 provides that an appeal may not be taken in forma pauperis if the trial court certifies in writing that it is not taken in good faith. But while such a certificate carries great weight with this court it is not final in the sense that a…