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<p>PHILADELPHIA &#8212; Part of a Nanticoke man&#8217;s sentence after a federal conviction of attempting to reach out to a minor for sex has been overturned, with the appeals court saying it violates his first amendment rights.</p><p>Branden Holena, 32, was sentenced in 2008 to 10 years in federal prison after he pleaded guilty to charges that he attempted to reach out to a 14-year-old child to meet him for sex. That 14-year-old turned out to be an FBI agent.</p><p>U.S. District Court Judge Edwin M. Kosik sentenced Holena to 10 years in federal prison and to be placed on lifetime supervision by the U.S. Probation Office when he was released.</p><p>Holena was initially required to not use the internet without a parole officer&#8217;s approval. According to the court&#8217;s opinion, Holena twice violated the terms of his supervised release, once answering emails and a second time logging into Facebook without approval.</p><p>He was sentenced to nine additional months of imprisonment after each infraction, and after the second one, he was barred from ever using the internet, computers or any other electronic device for the rest of his life.</p><p>The appeals court took issue with this total ban of internet use, calling it more restrictive than necessary and even &#8220;draconian.&#8221;</p><p>The court notes it has never upheld a lifetime ban in a precedential opinion. The court writes that the total ban simply paints too broad of a scope, and that bans such as these require specific tailoring.</p><p>&#8220;These restrictions apply even to devices that are not connected to the internet,&#8221; the court wrote. &#8220;These limitations prevent him from doing everyday tasks, like preparing a r&#233;sum&#233; or calling a friend for a ride. None of these activities puts the public at risk.&#8221;</p><p>They also note that the ban on his use of computers is not tailored to his conduct because it bans him from doing things that has nothing to do with preying on children.</p><p>Additionally, the court says the ban restricts Holena&#8217;s First Amendment freedoms without any resulting benefit to public safety.</p><p>&#8220;Holena poses a danger to children, so the District Court may, and should, limit his liberty accordingly,&#8221; the decision ends. &#8220;But his supervised release must still be tailored to the danger that he poses. Holena&#8217;s current conditions fail that test.&#8221;</p><p>Holena&#8217;s sentence was vacated, and he will be given a new revocation hearing.</p><style>
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<div class="metaInfo"><bylineMeta><p>By Patrick Kernan</p><p>pkernan@www.timesleader.com</p></bylineMeta></div><div class="metaInfo"><shirttailMeta><p>Reach Patrick Kernan at 570-991-6386 or on Twitter @PatKernan</p></shirttailMeta></div>

U.S. appeals court deems Nanticoke man’s internet ban too strict