United States v. Tutty, Docket No. 09-2705-cr., 2010 WL 2794601 (2d Cir. July 16, 2010)
Following in the footsteps of Dorvee, the Second Circuit reversed another child pornography sentence in Tutty. It remanded for reconsideration of the policy concerns raised in Dorvee. Will this be a trend? More likely it will be a very fact specific analysis, as demonstrated by the Second Circuit's rejection of a similar (yet different) circumstance in Levy.