Whether the Sixth Amendment and Due Process Clause allow a court to instruct the jury, over objection, that 'Undercover agents may properly make use of false names, false appearances, and may properly assume the roles of members in criminal organizations. . . . If you are satisfied beyond a reasonable doubt that the defendant committed the offense as charged in the indictment, the fact that the government made use of investigative techniques that deceive is not relevant to your determination.

QUESTIONS PRESENTED FOR REVIEW Mr. Strubberg was arrested after a “sting” operation in which, over a three day period a male police officer posed online as the mother of a 14-year-old girl who was looking for someone to “teach” her daughter. Mr. Strubberg was stopped at the scene of an agreed meeting place after he passed a decoy truck in his vehicle. He had no prior criminal history. All contacts between the officer and Mr. Strubberg were made via mobile phone. No computer was seized from Mr. Strubberg. The case presents the following questions for review: 1. Whether the Sixth Amendment and Due Process Clause allow a court to instruct the jury, over objection, that “Undercover agents may properly make use of false names, false appearances, and may properly assume the roles of members in criminal organizations. . . . If you are satisfied beyond a reasonable doubt that the defendant committed the offense as charged in the indictment, the fact that the government made use of investigative techniques that deceive is not relevant to your determination.” 2. Whether a court may, without case-specific findings or evidence of prior criminal history involving children or online sexual activities, impose stringent conditions of supervised release restricting a released prisoner’s access to computers and children. i