Tesciona

On February 20, 1926, petitioner was sentenced in the District Court of the United States for the Southern District of California, Southern Division, for mail robbery. On May 19, 1942, he moved that court to vacate and correct his sentence, which motion was denied on May 10, 1943. On July 3, 1943, petitioner filed in the same court a notice of appeal and motion for leave to proceed on appeal in forma pauperis. The motion was denied July 9, 1943, without any certification by the trial court of its opinion as to the good faith of the appeal.

On August 20, 1943, petitioner presented to this court a document entitled “Petition to vacate judgment and correct sentence”, together with his motion for leave to proceed thereon in forma pauperis. On October 29, 1943, this court filed its opinion herein stating that it was without jurisdiction to entertain such an original application to vacate judgment, but that if an effective appeal had been taken it would consider the so-called petition as a brief on appeal. 138 F.2d 568 . Briefs were requested from the United States attorney and petitioner on the question of the effectiveness of petitioner’s attempted appeal. We now proceed to a…