“ United States, 375 U.S., at 175, 84 S.Ct., at 303, and is particularly applicable here in view of petitioner's virulent attacks on the trial judge on appeal: 'a defendant might think, rightly or wrongly, that the trial court's knowledge that an appeal had already been taken might adversely influence the court's discretion in imposing final sentence.' Such a worry on a defendant's part might well inhibit him from exercising his appellate rights altogether, or from making certain arguments once he has decided to take an appeal. ”

“ The district judge explained his imposition of the 'tentative' sentence as follows:
Mr. Justice MARSHALL took no part in the consideration or decision of this petition.
'However, now is not the time to explore that phase [i. e., exploration of the 'factors that might be considered in mitigation of sentence'] , for you have not accepted the jury's verdict and faced up to its import. You protest your innocence and you are on your way to appeal. Certainly that is your legal right. ”

“ The state judge, in turn, contacted the district judge, informing him that petitioner was having difficulty understanding how to comply with the sentencing suggestions. The district judge responded: 'Why don't you guide him? You have had a great deal of experience in charitable endeavors. * * * If you want to help him, why don't you act as his unofficial probation officer * * *?' Agreeing to do so, the state judge introduced petitioner to three New York charities, the list of which the district judge approved. ”