“ Here I think there has been an obvious, unexcusable failure to exercise that discretion reposed in judges to administer the Rules in the interest of 'the just determination of every criminal proceedings.' Petitioners may languish in prison for many years, not because their appeals were without merit, but because, through no apparent fault on their part, their lawyers were three weeks late in seeking to file their appeal papers. ”

“ But when the first petitioner appeared for sentencing before a different judge, that judge imposed a sentence in excess of that recommended by the United States Attorney. That petitioner them immediately sought to withdraw his guilty plea, and the others apparently seeing the writing on the wall, immediately moved to withdraw their pleas or adjourn their sentencing. ”

“ United States
Denied.
I would grant these petitioners application for certiorari. The petitioners have been sentenced from 4 to 15 years imprisonment in the penitentiary under these alleged circumstances. After months of negotiations between petitioners and the United States Attorney, he agreed to recommend certain minimum sentences if petitioners would plead guilty. Petitioners agreed, pleaded guilty, and the United States Attorney recommended the minimum sentences as promised. ”