United States v. Birkedahl, No. 19-2304 (2d Cir. 2020)
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Defendant, who is serving a 24 month sentence for possession of child pornography, challenges three conditions of his supervised release, including a verification testing condition that permits the use of a computerized voice stress analyzer to assess his compliance with the terms of his supervised release.
The Second Circuit dismissed defendant's challenge to the computerized voice stress analyzer, holding that the challenge is not ripe for review because the efficacy of computerized voice stress analyzers in promoting sentencing goals is subject to change with technological advances. Furthermore, the notification of risk condition is also not ripe because any allegedly improper delegation is conditioned on the district court finding, during defendant's term of supervised release, that he poses a risk of committing further crimes against another person -- a contingency that may never occur. The court held that defendant's challenges to the remaining conditions of supervised release are foreclosed by court precedent and affirmed as to the remainder of the district court's sentence and judgment.
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