143570P.pdf   07/23/2015  United States  v.  Lamar Bertucci
   U.S. Court of Appeals Case No:  14-3570
   U.S. District Court for the District of Nebraska - Omaha   
   [PUBLISHED] [Smith, Author, with Wollman and Benton, Circuit Judges] 
   Criminal case - Sentencing. In a prosecution for killing a bald eagle and 
   a rough-legged hawk, the court erred in setting market values for the 
   birds as the valuations provided by the government's witness did not 
   constitute sufficiently reliable evidence to justify new and dramatically 
   increased eagle and hawk values; the sentencing record indicated that the 
   $6,500 "financial obligation" the court imposed was not a fine but 
   restitution, which the court lacked authority to order in the context of 
   the specific charges in the case; on remand the court may consider whether 
   to order restitution as a condition of defendant's supervised release; the 
   presentence report failed to establish a factual or evidentiary basis for 
   a special condition of supervision requiring defendant to undergo 
   anger-management counseling and the condition is vacated as it does not 
   address concerns of crime deterrence, public safety or defendant's 
   correctional needs.