who had been involved in the plea negotiations.  The court's confidence in prior counsel had been undermined by that counsel's failure to challenge certain aspects of the presentence report and an apparently gross underestimation of the applicable sentencing guideline range.  The court also believed that the plea agreement offered no benefit to Stanley;  the change in the section charged did not affect the applicable sentencing guideline calculations, and apparently neither the Assistant United States Attorney present (who was not involved in the original plea negotiations) nor defense counsel identified any other benefit.


10
After Stanley withdrew his plea, the government filed the instant superseding indictment, which reinstated the original Sec. 841(b)(1)(B) narcotics charge, and added a count charging Stanley with use of a firearm in connection witharose from the plaintiff's purchase of units of Jade Coal Company, a limited partnership. These interests were marketed as coal mining sublease tax shelter programs whereby the investors purchased interests in a limited partnership which subleased coal mining property. The limited partnership then paid advance royalties and agreed to sell a percentage of specified coal reserves and right to mine to another company. Jade was one of eight limited partnerships syndicated by Defendants.

General Background
In the spring and early summer of 1976, defendant Georgia National Coal Company, a corporation wholly owned by defendant Sanford Kaplan, entered into a ten year lease of approximately 1000 acres of property in Bell County, Kentucky. In June, 1976, offering circulars were prepared for two limited partnerships: Amber Coal Co., Ltd. and Blue Coal