DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
103579U.pdf 12/21/2012 United States v. Levi Smith
U.S. Court of Appeals Case No: 10-3579
U.S. District Court for the District of Nebraska - Omaha
[UNPUBLISHED] [Per Curiam - Before Colloton, Clevenger and
Benton, Circuit Judges]
Criminal case - Criminal law. On remand from the Supreme Court of
the United States for further consideration in light of Reynolds v. United
States, 132 S. Ct. 975 (2012). For the court's prior opinion in the matter,
see U.S. v. Levi Smith, 655 F.3d 839 (8th Cir. 2011), vacated, 132 S.Ct
2712 (2012). The court's previous opinion in reinstated in part; the
district court's judgment is vacated and the matter is remanded for further
proceedings.
103579P.pdf 09/16/2011 United States v. Levi Smith
U.S. Court of Appeals Case No: 10-3579
U.S. District Court for the District of Nebraska - Omaha
[PUBLISHED] [Benton, Author, with Colloton and Clevenger, Circuit Judges]
Criminal case - criminal law and sentencing. District court's failure to
make individualized findings on the record was harmless as to four of the
special conditions of supervised release; nor do the four conditions
constitute a greater deprivation of liberty than necessary; however,
without specialized findings or further support in the record, it was error
to impose a condition which prohibits defendant from coming within 500
feet of schools, parks, and other areas used primarily by children; the
approved special conditions are not an improper delegation of judicial
authority to the Probation Office as the court retains ultimate control;
constitutional challenges to SORNA rejected.