In the United States Court of Appeals For the Second Circuit

August Term, 2024 No. 24-1201

UNITED STATES OF AMERICA, Appellee,

v.

ISAAC POOLE, Defendant-Appellant.

On Appeal from a Judgment of the United States District Court for the Northern District of New York.

SUBMITTED: JANUARY 17, 2025 DECIDED: APRIL 7, 2025

Before: LIVINGSTON, Chief Judge, NARDINI and MENASHI, Circuit Judges.

While Defendant-Appellant Isaac Poole was on supervised release following his conviction for drug offenses, he tested positive for cocaine, and probation officers found drugs and drug paraphernalia in his home. The United States District Court for the Northern District of New York (Brenda K. Sannes, Chief Judge) revoked Poole’s term of supervised release and sentenced him to eight months of imprisonment followed by ninety-six months of supervised release. As a condition of his supervised release, the district court required Poole to submit to suspicionless searches by probation officers or law enforcement officers assisting them. On appeal, Poole argues that the search condition is unsupported by the record and involves a greater deprivation of liberty than is reasonably necessary. We disagree and therefore AFFIRM the judgment of the district court.

Thomas R. Sutcliffe, Assistant United States Attorney, for John A. Sarcone, United States Attorney for the Northern District of New York, Syracuse, NY, for Appellee.

Melissa A. Tuohey, Assistant Federal Public Defender, Office of the Federal Public Defender, Syracuse, NY, for Defendant-Appellant.

WILLIAM J. NARDINI, Circuit Judge:

This appeal calls for application of our Court’s recent holding that a sentencing court may constitutionally subject a defendant to suspicionless searches as a condition of supervised release if that condition is sufficiently supported by the record. United States v. Oliveras, 96 F.4th 298, 311 (2d Cir. 2024).

2 Defendant-Appellant Isaac Poole was on supervised release following his conviction for drug offenses when probation officers found drugs and drug paraphernalia in his home. Poole’s supervised release conditions had already been modified once, after he tested positive for cocaine. The United States District Court for the Northern District of New York (Brenda K. Sannes, Chief Judge) revoked Poole’s supervised release and sentenced him to eight months of imprisonment followed by ninety-six months of supervised release. As a condition of supervised release, the district court required Poole to submit to suspicionless searches by probation officers or law enforcement officers assisting them. Poole now challenges that condition on appeal. Given Poole’s pattern of illegal drug activity, including while on supervised release, we conclude that the district court acted well within its discretion in imposing a suspicionless search condition in this case. We therefore AFFIRM the judgment of the district court. I. Background

On August 27, 2012, Poole pleaded guilty in the United States District Court for the District of South Carolina to two counts of possession with intent to distribute, and distribution of, a controlled substance in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(B). Poole’s charges stemmed from his sales of crack cocaine, including while he was on state probation for other felony drug ch