U.S. v. Smith

Defendant waived any objection to Dist. Ct.’s imposition as term of supervised release ability of probative officer to visit defendant at his home, work or other reasonable location at any reasonable time, where defendant’s counsel affirmatively told Dist. Ct. that he had no objection to instant visitation condition. Fact that defendant may have been reluctant to object to said condition out of fear that he might incur longer sentence did not require different result. However, Dist. Ct. erred in imposing as term of supervised release prohibition against excessive consumption of alcohol, where Dist. Ct.’s failure to include definition of excessive alcohol consumption in said condition rendered said condition too vague. However, presentence report, which Dist. Ct. referenced in imposition of said condition, contained definition of excessive alcohol consumption as blood alcohol reading in excess of .08 percent. As such, Ct. of Appeals modified said condition to include said definition, where Dist. Ct. had intended to use said definition when imposing said condition.