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Eighth Circuit reverses broad supervised release conditions

By Douglas A. Berman

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...continue to full post

Full post as published by Sentencing Law and Policy on June 02, 2009 (boomark / email).