10. Prior to testifying before the Grand Jury, Boyance met with Assistant United States Attorneys Creamer and DePaul and Secret Service Agent Kelly and indicated a desire to testify and to cooperate with the government. Boyance was informed either by Creamer or by DePaul that in the event he would thereafter cooperate with the government, the extent of his cooperation would be made known to the sentencing judge. Boyance was at that time awaiting sentence by the Bucks County Court on the charges mentioned in Finding No. 8 above and expressed his concern that he wanted to be sentenced on federal charges first.
11. At the time of his appearance before the Grand Jury Boyance had not cooperated in any manner with representatives of the government with respect to counterfeiting activities. Boyance had no reason to believe that government agents were under the impression that he had cooperated.
12. On December 15, 1961, Boyance appeared before this court for arraignment, waived counsel for purposes of arraignment only and entered a plea of "Not Guilty" to the four counts in which he was charged.
13. On December 18, 1961, Boyance was sentenced by the Bucks County Court to concurrent terms of 5 to 10 years imprisonment on each of six bills. At the time of sentencing no representative of any agency of the United States appeared before the Bucks County Court to make any statement in Boyance's behalf.
14. On May 4, 1962, James J. Phelan, Jr., Esquire, formerly an Assistant United States Attorney in this district, entered his appearance for Boyance. Phelan had theretofore entered his appearance for Edwin Bescoe, Boyance's brother-in-law.
15. Between the time he was retained as counsel and the date of trial, Phelan had the opportunity to, and did, consult with Boyance concerning the charges against him. At no time did Boyance indicate to Phelan that he had acted the role of an undercover agent or that he had acted at the behest of, or on instructions from, any agent or agency of the United States.
16. (a) The criminal case was called for trial on May 31, 1962. Boyance did not ask Phelan to seek a continuance of the trial to enable Boyance to engage other counsel.
(b) During the voir dire of the jury Boyance informed Phelan that he wished to change his plea to "guilty" and asked Phelan to make known to Assistant United States Attorney Prattis, who was to prosecute the case, his willingness to testify against his co-conspirators upon condition that at the time of sentencing the court would be apprised of his cooperation.
(c) Phelan concurred in Boyance's decision to enter a plea of guilty, notified Assistant United States Attorney Prattis of the decision and advised him of Boyance's willingness to testify upon condition that at sentencing the court would be apprised of the cooperation.
(d) Prattis was non-committal as to his intention to use Boyance as a witness and expressly reserved decision pending developments during the trial. Prattis made no representations or promises to Phelan which induced or persuaded Boyance to enter a guilty plea.
17. By personal observation of Boyance and from familiarity with numerous documents, pleadings, correspondence and memoranda of law filed pro se by Boyance in this proceeding as well as in United States ex rel. Boyance v. Myers, D.C., 219 F. Supp. 12, Misc. No. 2543; United States ex rel. Boyance v. Myers, Misc. No. 2728; United States ex rel. Boyance v. Myers, Misc. No. 3008; and Boyance v. United States, Civil Action No. 34641, the court finds as a fact that Boyance is now, and at all times from and after the institution of these criminal proceedings was, an intelligent and articulate person. The court finds further that Boyance had extensive experience in crime and was familiar with criminal courts and criminal procedure. As of 1962 he had been involved in at least 16 criminal charges of varying degrees of seriousness, covering a period of 15 years, resulting in at least 10 convictions with several jail sentences.
18. On May 31, 1962, when he entered the plea of guilty to these charges, Boyance understood the implications and consequences of the plea, was aware of the defenses which might have been raised to the charges, and his entry of the plea of guilty upon the advice and with the concurrence of his experienced counsel was intelligent and understanding.
19. Boyance's plea of guilty was not induced by any promises made to him or to his attorney by Assistant United States Attorney Prattis or by any other representative of the government. In accordance with the usual procedure of the United States Attorney's office, Boyance's attorney was advised that to the extent that Boyance would cooperate, the sentencing court would be apprised of it at time of sentencing.
20. Assistant United States Attorney Prattis did not call Boyance as a witness at the trial because he concluded that he had no need for Boyance's testimony and because, from a comparison of Boyance's Grand Jury testimony with the testimony of other witnesses and reports of government agents, Prattis was convinced that Boyance had not been completely truthful in his testimony before the Grand Jury in that he had made exculpatory statements designed to minimize his role in the conspiracy. Prattis believed that Boyance had not theretofore cooperated and would not thereafter cooperate with the government in the prosecution of the case.
21. On August 14, 1962, Boyance and Bescoe appeared before the court for sentence, the court having in the meantime been furnished with Presentence Reports on each by the Probation Department. The Boyance Presentence Report contained, inter alia, the following:
"DEFENDANT'S STATEMENT: In an interview with the Probation Officer the defendant stated that he was actually working for the Federal Bureau of Investigation on some stolen bonds and learned of the counterfeit $20 notes. He stated that he had co-operated with the Secret Service in apprehending the other defendants, but he was never actually involved. In a further statement he said that Keifaber had left two counterfeit bills with him and asked him to find a buyer. He had called the Federal Bureau of Investigation who in turn called the Secret Service who told him that he did not have enough information. Two months later, after finding that Feldman was the dealer in the counterfeit bills, he had notified the Chief of Police in his community who in turn allegedly notified the county detectives. He stated that he had taken Thomas Redd into his home, but ordered him to move out when Redd became involved in burglaries. The Chief of Police then had him move back in and then later arrested him as the leader of the burglary ring. The sentence he is presently serving is a result of this conviction.
"In an effort to seek [ sic, considered by the court as "check"] the validity of the subject's statements, both the Federal Bureau of Investigation and the Secret Service were called. According to the Federal Bureau of Investigation, Boyance did some work for them but no more recently than September, 1960. He was not in any way involved with their service at this time. He did call the Federal Bureau of Investigation who in turn communicated with the Secret Service but Boyance wanted nothing to do with the latter agency. According to the Secret Service, the subject did call the Chief of Police in Bensalem, but only after the offenses were committed did he sell him the information. Up until that time he had worked diligently to obtain the counterfeit notes and to commit the offense."