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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.