Tactical Decision Not to Object to Condition of Supervised Release Waives Review of the Condition on Appeal

UNITED STATES V. PINNEY, NO. 12-3954-cr (2D CIR. DEC. 9, 2013) (KEARSE, JACOBS, AND STRAUB) (SUMMARY ORDER), AVAILABLE HERE

The Court in this summary order rejected the defendant’s constitutional challenge to a condition of his supervised release.  The defendant agreed to the condition being added to the terms of his release and waived his rights to a hearing and assistance of counsel prior to imposition.  At a later sentencing hearing for violating that same condition, he never objected to the condition and only asked the district court to be lenient.  The Court characterized the decision not to challenge the condition’s “obvious” constitutional infirmities prior to sentencing as tactical.  As a result, any objections to the condition were waived.