092142P.pdf   07/21/2010  United States  v.  Jerry Simons
   U.S. Court of Appeals Case No:  09-2142
   U.S. District Court for the District of Nebraska - Omaha   
   [PUBLISHED] [Shepherd, Author, with Smith and Benton, Circuit Judges]
   Criminal case - Sentencing. No error in imposing the following special
   conditions of supervised release following defendant's conviction for
   failing to register as a sex offender: (1) refrain for excessive use of
   alcohol; (2) no contact with children under the age of 18 unless the
   contact is approved in advance by the probation officer; and (3) remain
   500 or more feet away from schools, playgrounds and other places where
   children congregate. The district court erred, however, in barring
   defendant from possessing any materials that depict nudity, as such a
   condition results in a deprivation of liberty greater than is reasonably
   necessary; this condition is vacated and the matter is remanded for
   additional findings and resentencing.