United States v. Andrew Daulton Lee

Lee appeals the denial of his motions for reduction or modification of sentence brought under Fed.R.Crim.P. 35 and for disclosure of in camera submissions. His principal contention is that sensitive in camera submissions, introduced during trial and to which he was denied access on national security grounds, ineluctably influenced the trial judge and affected the sentencing decision. At a hearing on the two motions, the trial judge specifically stated that he did not rely on any information contained in the in camera documents in imposing sentence, and that the record made in open court formed the basis for the sentence. Nevertheless, Lee argues that the highly prejudicial nature of the submissions at a minimum subconsciously influenced the judge, and that because defense counsel could not examine the in camera submissions and rebut any inaccuracies contained therein, the sentencing process was flawed. He urges that we vacate the sentence and remand for resentencing by another judge who was not exposed to the in camera submissions. We disagree with appellant’s theory and affirm the District Court.

On July 18, 1977 Lee was sentenced to a term of life imprisonment on multiple…