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Second Circuit reverses another child porn sentence based on its Dorvee opinion

By Douglas A. Berman

As regular readers may recall, the Second Circuit issued back in May a significant reasonableness ruling in the child porn Dorvee case (basics here; commentary here).  Today in US v. Tutty, No. 09-2705 (2d Cir. July 16, 2010) (available here), another Second Circuit panel relies on Dorvee to reverse another child porn sentence.  Here is how the opinion starts: Defendant-appellant Jason E. Tutty pleaded guilty to one count of receiving child pornography in violation of 18 U.S.C. § 2252A(a)(2)(A).  He was sentenced by the United States District Court for the Western District of New York (Siragusa, J.) to 168 months' imprisonment.  On appeal, Tutty challenges the substantive reasonableness of his sentence. Upon review of the record, we conclude that the district court erred when it held, relying on outdated law, that it did not have the authority to impose a non-Guideline sentence based on policy considerations applicable to all defendants...continue to full post

Full post as published by Sentencing Law and Policy on July 16, 2010 (boomark / email).