DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
043737P.pdf 10/04/2005 United States v. David T. Mark
U.S. Court of Appeals Case No: 04-3737
District of Nebraska
[PUBLISHED] [Colloton, Circuit Judge, with McMillian and Arnold,
Circuit Judges]
Criminal case - Sentencing Guidelines. Request for downward
departure based on involuntary intoxication was properly rejected as
Congress has specifically prohibited departures based on diminished
capacity in child pornography cases; supervised release limits on contact
with minors were not an abuse of the district court's discretion; however,
the court erred in ordering a complete ban on Internet access, as there
record is not sufficient to support such a restriction; on remand, the court
should consider less restrictive measures, such as filters, time and place
limitations and monitoring.