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June 2, 2009

Eighth Circuit reverses broad supervised release conditions

The Eighth Circuit today issued an interesting new opinion concerning broad supervised release conditions in US v. Bender, No. 08-2899 (8th Cir. June 2, 2009) (available here082899P.pdf).  Here is the unofficial summary of the ruling from the court's website:

Ban on use of computer and internet was no greater than necessary and was not vague; requirement that defendant submit to lifestyle restrictions imposed by his therapist was not an improper delegation of judicial authority as the court retained control; ban on any sexually stimulating materials was not supported by particularized findings, and that condition is vacated and remanded for further findings of fact and resentencing; ban on use of public libraries, while related to the facts, was not sufficiently tailored, and the condition is vacated and remanded for resentencing; condition that defendant could only be at places minors frequent with prior approval and with a supervising, responsible adult present imposed a greater restriction on liberty than is necessary, and there is no basis for a movement restriction requiring the presence of a supervising adult; this condition is vacated, and the matter remanded for further findings of fact and resentencing.

June 2, 2009 at 01:39 PM | Permalink


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