Search

United States v. Brown - Supervised Release Computer Monitoring Condition

The Second Circuit affirmed Mark Brown’s conviction and sentence for fourteen counts of making false, fictitious, or fraudulent claims under 18 U.S.C. § 287 and one count of theft of government funds under 18 U.S.C. § 641. Brown received 46 months’ imprisonment followed by three years of supervised release, plus $136,672.75 in forfeiture. On appeal, Brown challenged a special condition permitting probation officers to monitor all activity on internet-accessible devices and conduct unannounced device examinations without reasonable suspicion, arguing it was overbroad and constituted an impermissible occupational restriction. The Second Circuit rejected both arguments, holding that district courts have broad discretion to impose supervised release conditions and that monitoring work devices does not constitute an occupational restriction under U.S.S.G. § 5F1.5.