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Second Circuit amends (slightly) its important Dorvee child porn sentencing decusion

By Douglas A. Berman

A helpful reader alerted me to the news that the Second Circuit handed down today this amended version of its important Dovree ruling from a few months ago that reversed as too long a below-guideline sentence for a child porn offender. The same reader sent me this synopsis of what seem to be the significant aspects of the amended opinion: Apparently, there were two general areas of changes. First, perhaps in response to the Government's rehearing petition (which is still pending) that attacked the original decision's use of the Second Circuit's sometimes-invoked relaxed plain-error standard when sentencing is involved, the amended decision omits any reference to the relaxed standard, and simply concludes that the error in question was "plain...continue to full post

Full post as published by Sentencing Law and Policy on August 04, 2010 (boomark / email).