The following excerpt is from U.S. v. Werker, 535 F.2d 198 (2nd Cir. 1976):
It would be naive to believe that disclosure of a sentence prior to entry of the plea merely supplies the parties with additional information and therefore does not alter the status of the trial judge. The judge's promise to indicate a specific sentence soon becomes the focal point of further discussions. His assurances to the defendant are the ultimate inducement to the plea: "Remove the promise and the basis for the plea falls." United States ex rel. Elksnis v. Gilligan, supra, 256 F.Supp. at 254. The judge's determination is not simply one more fact to be considered by the defendant in deciding upon a course of action. The defendant, as in this case, is unlikely to approach the judge until the parties have exhausted their own abilities to compromise. Thus, the judge's response to the inquiry becomes the essential element in the ensuing discussions. Consequently, the judge's indication of sentence necessarily constitutes "participat(ion) in such discussions."
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