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.
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.