Supervised release condition banning all access to internet upheld

U.S. v. Egli, 19-4140, 2021 WL 4314242 (10th Cir. Sept. 23, 2021): On plain error review, the court affirms the imposition of a complete ban on internet use: prohibiting the defendant was accessing any computers or the internet, or engaging in any employment that involved internet access. The Court acknowledged that it has been hesitant to approve complete bans on internet access, in this case the defendant had a lengthy history of violating less restrictive bans. Before addressing the merits, however, the Court rejected the government’s argument that Egli had waived the issue and therefore waived appellate review. On the contrary, because there was no evidence that Egli’s counsel had considered the issue and deliberately abandoned it, the issue was forfeited rather than waived. Accordingly, the Court could consider the issue under the plain-error standard. So, defendant won a battle but lost the war.