Second Circuit – Supervised release: United States v. Brown

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United States Court of Appeals for the Second Circuit

Supervised release — Special conditions — Monitoring computer activity

United States v. Brown

24-1227

Judges Wesley, Sullivan, and Park

Background: The defendant appealed from his conviction of 14 counts of making false, fictitious, or fraudulent claims and one count of theft of government funds. He was sentenced to 46 months in prison, followed by three years of supervised release. On appeal, he argues that the court erred in requiring him to install software to allow probation officers to monitor all activity on any device that can access the internet without reasonable suspicion, permit probation officers to conduct unannounced examinations of his computer devices and to require that any electronic devices he could use in the course of employment be subject to monitoring restrictions as permitted by the employer.

Ruling: The Second Circuit affirmed. The court noted that the special conditions imposed were reasonable considering the nature and circumstances of the offense and the history and characteristics of the defendant. The monitoring of work devices does not constitute an occupational restriction because it does not prohibit him from engaging in a specific occupation, does not limit the terms on which he may do so, and is reasonably necessary to protect the public.

Darrell Fields, of Federal Defenders of New York, for the defendant-appellant; Shaun E. Werbelow, assistant United States attorneys, for the appellee.