John Marshall Harlan II

“ That a defendant might believe, surely in all but the rare instance incorrectly, that the mere filing of a notice of appeal would weigh against him with the sentencing judge is hardly a persuasive consideration ”

“ The majority finds such necessity in a defendant's possible preference to await final sentencing before deciding whether or not to appeal. A defendant, it is suggested, might fear that his taking of an appeal would have an adverse impact on the sentencing judge ”

“ New procedures designed to better the administration of criminal j stice, such as § 4208 (b) , should not without manifest need be the occasion for radical departures from established theory and practice. ”