to it's plea bargain arrangements, which was [sic] a promise of a sentence not to exceed two (2) years". In support of the latter contention, raised for the first time, petitioner submitted an affidavit which is reproduced here in its entirety:
JAMES L. STASSI, being duly sworn upon his oath, deposes and says:
1. In November of 1974, I went to the Sixth Floor of the Federal Building in Newark, New Jersey with my attorney, John Russell, Esq. We went there to listen to tapes which the government was going to use at my trial.
2. During the time I was there, Mr. Russell met with Mr. Deichert who was the government attorney in charge of my case and they had a discussion about a plea of guilty by me. After Mr. Russell talked to Mr. Deichert, he told me that if I pleaded guilty I would receive no more than two years in jail. Mr. Deichert then walked towards me and I stated "I want a suspended sentence and no fine." Mr. Deichert stated, "Judge Stern won't go for a suspended sentence but he will agree on the two years."
3. Again on June 2, 1975, the date I was supposed to go on trial, I talked with Mr. Russell and again he told me in the third floor hallway, outside Federal Courtroom No. 1, that if I pleaded guilty, I would get no more than two years. Mr. Deichert also told me that I would get a two-year sentence if I pleaded guilty on June 2, 1975. This was told to me by Mr. Deichert outside Judge Stern's courtroom.
4. At that time, Mr. Russell told me that I should say nothing about the promise that I would receive no more than the two years as my sentence. He told me to say "no promises" when Judge Stern questioned me about promises. I followed Mr. Russell's advice and told Judge Stern that there were no promises when he asked me about promises.
5. I am not guilty of this charge and I was persuaded to say that I was guilty by Mr. Russell's promises that I would get no more than two years and maybe less than two years. I was also persuaded to plead guilty by Mr. Deichert making the same promises to me.
(s) James L. Stassi / JAMES L. STASSI
In response, the attorney for the United States has submitted his own affidavit, in which he avers as follows:
2. The Government's position regarding the matter of a guilty plea was that sentencing was a matter entirely within the province of the Court. At no time during the pendency of the charges against James Stassi did I ever make any agreements, promises, representations or predictions to either Mr. Stassi or his counsel, John P. Russell, concerning the type of sentence which might be imposed by the Court if the defendant Stassi pled guilty to any charges.