Second Circuit Sidesteps Supervised Release Challenges

In United States v. Birkedahl, 19-2304, the Second Circuit (Sullivan, Park, Nardini) rejected Defendant-Appellant Eric Birkedahl's challenges to the conditions of his supervised release imposed subsequent to his conviction for possession of child pornography.  Birkedahl pleaded guilty in the United States District Court for the Western District of New York to one count of possession of child pornography.  He was sentenced principally to 24 months' imprisonment, to be followed by a supervised release period of five years.  Among the conditions of supervised released imposed by the district court were:  (1) participation in a sex offender treatment program; (2) submission to computerized voice stress analyzer ("CVSA") testing or, alternatively, polygraph testing, to ensure compliance with the conditions of supervised release, referred to as the "verification testing condition"; and (3) a so-called "risk condition," standard in the Western District of New York,