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082899P.pdf   06/02/2009  United States  v.  William Bender
   U.S. Court of Appeals Case No:  08-2899
   U.S. District Court for the Western District of Missouri - Jefferson City   
   [PUBLISHED] [Benton, Author, with Smith and Gruender, Circuit Judges]
Criminal case - Sentencing. Ban on use of computer and internet was no greater than necessary and was not vague; requirement that defendant submit to lifestyle restrictions imposed by his therapist was not an improper delegation of judicial authority as the court retained control; ban on any sexually stimulating materials was not supported by particularized findings, and that condition is vacated and remanded for further findings of fact and resentencing; ban on use of public libraries, while related to the facts, was not sufficiently tailored, and the condition is vacated and remanded for resentencing; condition that defendant could only be at places minors frequent with prior approval and with a supervising, responsible adult present imposed a greater restriction on liberty than is necessary, and there is no basis for a movement restriction requiring the presence of a supervising adult; this condition is vacated, and the matter remanded for further findings of fact and resentencing.