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U.S. v. Tutty, No. 09-2705-cr (2nd Cir.) (612 F.3d 128) (July 16, 2010) (Judge Denny Chin)

Defendant's child pornography sentence is vacated where the district court erred when it held, relying on outdated law, that it did not have the authority to impose a non-Guideline sentence based on policy considerations applicable to all defendants.

[Editor's Note: For some commentaries on this decision, see:

• "2nd Circuit ...

 

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