United States v. Stine, Timothy Walter

OPINION OF THE COURT

ALDISERT, Circuit Judge.

This case, now before us for the second time, requires us to decide whether the requirement of psychological counseling as a condition of probation is an unconstitutional infringement on the appellant’s rights of privacy and mentation, and if not, whether it represents an abuse of the dis trict court’s discretion. We did not reach these questions in the previous appeal because they were raised only in defense to appellant’s failure to comply with the condition, not in direct challenge to its imposition. Appellant subsequently presented his argument…