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Eighth Circuit approves most, but not all, broad supervised release restrictions for sex offender

By Douglas A. Berman

Yesterday the Eighth Circuit handed down a notable opinion in US v. Simons, No. 09-2142 (8th Cir. July 21, 2010) (available here), concerning a set broad supervised release restrictions on a sex offender convicted for failing to register.  Here is the unofficial summary of the ruling from the Eighth Circuit's website: No error in imposing the following special conditions of supervised release following defendant's conviction for failing to register as a sex offender: (1) refrain for excessive use of alcohol; (2) no contact with children under the age of 18 unless the contact is approved in advance by the probation officer; and (3) remain 500 or more feet away from schools, playgrounds and other places where children congregate.  The district court erred, however, in barring defendant from possessing any materials that depict nudity, as such a condition results in a deprivation of liberty greater than is reasonably necessary; this condition is vacated and the matter is remanded for additional findings and resentencing...continue to full post

Full post as published by Sentencing Law and Policy on July 22, 2010 (boomark / email).