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

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." Relatedly, whereas the original decision stated that another error was reviewed under the normal plain-error standard, the amended decision concludes that that error in fact was preserved.

Second, the amended opinion (at 17) quotes extensively from former ENDY US Attorney Alan Vinegrad's attack on the [PROTECT Act in an issue of the Federal Sentencing Reporter], and (at 19) cites an unpublished comment by a federal defender [the Stabenow paper that has been referenced in many district court opinions when deciding to vary from the child porn guidelined]. That comment is filled with wonderful language for persons wanting to attack sentences under the kiddie-porn-possession Guidelines.

Some related prior federal child porn prosecution and sentencing posts:

• Major reasonableness ruling from Second Circuit in child porn downloading case
• Why the Second Circuit's Dorvee reasonableness ruling could (and should) be so significant
• Second Circuit reverses another child porn sentence based on its Dorvee opinion
• Fascinating data on recent trends and circuit specifics for federal child porn sentences
• Is DOJ eager for (and obliquely urging) reducing the severity of the federal sentencing guideline for child porn downloading?
• "Federal judges argue for reduced sentences for child-porn convicts"
• Thorough and thoughtful district court defense of federal child porn guidelines
• "Judge Weinstein Takes On Child Pornography Laws"
• Effective local reporting on realities and debates surrounding federal sentencing guidelines for child porn
• "Disentangling Child Pornography from Child Sex Abuse"
• Noting the latest data showing reduced (but disparate) federal sentences for child porn downloaders