How has the US Supreme Court treated the issue of ex parte communications to a sentencing judge?

2 The convictions were affirmed on appeal on January 2, 1979. United States v. Lee, 589 F.2d 980 (9 Cir.), cert. denied, 444 U.S. 969, 100 S.Ct. 460, 62 L.Ed.2d 382 (1979).

3 We believe, however, that the judge, when confronted with a sensitive espionage or other political case in which national security information exacerbating the culpability of the defendant or the gravity of his crime has been submitted in camera, might do well to consider referring sentencing to another judge. This would do much to assure the appearance as well as the reality of fairness. The concern of our court in respect to ex parte communications to a sentencing judge has recently been expressed in United States v. Kenny, 645 F.2d 1323, 1348 (9th Cir. 1981) (amended opinion).