Minntole

Petitioner-appellant prays for leave to proceed on appeal in forma pauperis and for appointment by this court of counsel to assist in his appeal from a dismissal by the district court of his petition for writ of habeas corpus.

The petition for leave to appeal in forma pauperis ( 28 U.S.C.A. § 832 ) should have been made in the district court which denied- the writ of habeas corpus (Waley v. Johnston, 9 Cir., 110 F.2d 234 ); and petitioner does not show that such leave was asked in the court below.

Moreover, a proposed appeal record presented with the petition shows two concurrent sentences of fifteen years on counts for bank robbery under 12 U.S.C.A. § 588b (a) (b); also two concurrent sentences of twelve years on counts for bank robbery accompanied by kidnapping under 12 U.S.C.A. § 588c, which two twelve-year sentences were ordered to be consecutive to the two fifteen-year sentences. Execution of the twelve-year sentences was suspended with probation for five years to begin on release from imprisonment under the fifteen-year sentences. We have *945 already held under the same statute that the fifteen-year sentences are valid notwithstanding a consecutive sentence for an…