to pay the cost of an appeal, you have the right to apply for leave to appeal in forma pauperis; that is, without prepayment of costs. If the defendant so requests, the Clerk of the Court shall prepare and file forthwith a notice of appeal on behalf of the defendant. As you probably know, you have only ten days from this date to file your notice of appeal.
"Mrs. Roundtree, I trust that you have explained, or that you will explain, the appeal procedure to your client and that you will represent him in connection with whatever needs to be done in this Court for purposes of any appeal which he desires.
"I will not set an appeal bond in this case because I think that there is a substantial risk that the defendant would flee this jurisdiction. The risk of flight is due not only to the substantial sentence which has been imposed in this case, but also because approximately $34,000 might be available to him which was allegedly stolen on November 1, 1966, from a Federal Credit Union and for which the defendant Suggs has been indicted in this Court. In addition to this pending robbery indictment in Criminal Case No. 11-67, the presentence report indicates that the defendant Suggs is also charged in Criminal Case No. 284-67 with unauthorized use of a vehicle and interstate transportation of a stolen motor vehicle. Finally, I have information that he is also presently charged with armed robbery in Maryland. All of these pending charges are based upon alleged offenses committed while the defendant Suggs was on pre-trial bond in this case; on the basis of these and other factors, I believe that he would be a real danger to the community if released pending appeal."
* * *
After counsel for the defendant Blair made a statement on behalf of the defendant, and after the defendant himself indicated that he did not desire to speak in his own behalf, the Court made the following statement:
"Now most of what I said before I sentenced your co-defendant applies to your situation, especially what I had to say about the nature of this criminal venture, and about what factors I considered in imposing sentence - especially the deterrent effect of a substantial sentence.
"Now in your own case, Mr. Blair, you were convicted only of participating in the robbery. I think both you and your codefendant in this case should understand that had you been convicted on all counts as was your co-defendant, there would have been very little, if any, difference between his sentence and your sentence.
"Although you have not been convicted on all the counts in the indictment, I am satisfied that you also participated in the planning and preparation for this robbery, and in that connection you displayed the same criminal propensities as your co-defendant. I think leniency sometimes should be shown in cases where, because of regrettable personal circumstances, a crime is committed impulsively or in the heat of passion and without much thought as to adverse personal consequences or the effects upon others including the victims of a crime. This is not such a case. Any criminal venture which was calculated and executed as professionally as this one requires a substantial sentence. You have no excuse, not even a weak one, for your part in this robbery. You completed ten years of education, are capable of steady employment, you owned a fairly late model Cadillac, and you come from a good, hard-working and law-abiding family. In my judgment your participation in this robbery and your association with three others who were armed - one of whom killed a policeman and himself - does not recommend leniency for you.
"Now before I impose sentence, does counsel or the defendant have anything further to say?"
[No further statements were made]
"In Criminal Case No. 573-66, the Court sentences the defendant, Clarence Blair on count one, upon which he has been convicted of robbery, to a term of not less than 5 years nor more than 15 years in an institution to be designated by the Attorney General or his authorized representative.
"Mr. Blair, you are advised that you have a right to appeal, and if you are unable to pay the costs of an appeal, you have the right to apply for leave to appeal in forma pauperis; that is, without prepayment of costs. If the defendant so requests, the Clerk of the Court shall prepare and file forthwith a notice of appeal on behalf of the defendant. As you probably know, you have only ten days from this date to file your notice of appeal.
"Mr. Anderson, I trust that you have explained, or that you will explain, the appeal procedure to the defendant Blair and that you will represent the defendant for whatever needs to be done in this Court for purposes of any appeal which your client desires.
"I will not set an appeal bond in this case because I think the defendant Blair is a danger to the community, and that there is a likely risk the defendant would flee because of the substantial sentence which has been imposed."