United States Eighth Circuit

Sentence for traveling with intent to engage in illicit sexual conduct and imposition of supervised release conditions is affirmed where: 1) the ban on defendant's use of computer and internet was no greater than necessary and was not vague; and 2) the supervised release condition that defendant submit to lifestyle restrictions was not an improper delegation of judicial authority as the court retained control. Sentence is vacated and remanded where: 1) the court's ban on any sexually stimulating materials was sufficiently particularized to the defendant; 2) the court abused its discretion in banning defendant's use of public libraries as the ban was not sufficiently tailored; and 3) the condition that defendant only be at places frequented by minors with prior approval and a supervising adult present imposed a greater restriction on liberty than reasonably necessary, as there is no basis for a movement restriction requiring the presence of a supervisor.

Appellate Information

• Decided 06/02/2009
• Published 06/02/2009

Judges

• BENTON, Circuit Judge., Before SMITH, GRUENDER, and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Troy K. Stabenow, Asst. Fed. Public Defender, Jefferson City, MO, argued (Raymond C. Conrad, Jr., Fed. Public Defender, Kansas City, MO, on the brief), for appellant.


• For Appellees:
  
• Jim Lynn, Asst. U.S. Atty., Jefferson City, MO, argued (John F. Wood, U.S. Atty., Kansas City, MO, on the brief), for appellee.