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UNITED STATES v. STASSI

December 19, 1977

UNITED STATES OF AMERICA
v.
JAMES L. STASSI, Defendant



The opinion of the court was delivered by: BROTMAN

 The defendant, James L. Stassi, was indicted by the Grand Jury for making false material declarations under oath in violation of 18 U.S.C. ยง 1623. The indictment charges that on June 2, 1975, the defendant, while under oath as a witness before a United States District Court, did knowingly make false material declarations while under questioning by the court at a guilty plea hearing held pursuant to Rule 11 of the Federal Rules of Criminal Procedure:

 
Q. Mr. Stassi, your lawyer says that you want to plead guilty to Count I of this indictment. Is that so?
 
A. Yes.
 
Q. Now, as I have told you or as you have heard, this is a crime punishable by up to five years' imprisonment or $10,000 in fines or both. Did you know that?
 
A. Yes, sir.
 
Q. Now, has anybody given you any indication or promise that if you plead guilty here today I would impose anything less than the maximum sentence upon you?
 
A. There was no promise made of any sort.
 
Q. Anybody give you any indication as to what my sentence might be?
 
A. No. There is no indication of any sentencing.
 
Q. I tell you this, Mr. Stassi. I have never discussed your case with anyone. As I sit here now I don't know what sentence I would give you and will not know until I have seen a presentence report. I tell you, further, that if anyone has given you any indication of what sentence I would give you if you plead guilty here today they are lying to you and deceiving you. Do you understand me?
 
A. Yes, sir.
 
Q. Do you believe me?
 
A. I believe you.
 
Q. I tell you now that if anyone has given you any such promise or indication, tell me now and I will listen to you. But if you wait until after I pronounce sentence and if then you are dissatisfied with my sentence and try to tell me of some promise or indication or inducement, I won't listen to you then. Do you understand me?
 
A. Yes, sir.
 
Q. Do you have anything to tell me in ...

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