United States v. Harper

REINHARDT, Circuit Judge:

James Durward Harper is charged with obtaining and selling national defense information to Polish agents in violation of United States espionage statutes. In the district court, the government and Harper agreed that the death penalty provision of the espionage statutes involved is unconstitutional. The district judge nevertheless issued a pretrial order in which he held the relevant death penalty provision constitutional. Harper appeals the order, as well as a subsequent amendment to the order, and also seeks a writ of mandamus directing the district court to vacate…