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U.S. v. TUTTY

Docket No. 09-2705-cr.

612 F.3d 128 (2010)

UNITED STATES of America, Appellee, v. Jason E. TUTTY, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: July 16, 2010.

Attorney(s) appearing for the Case

Jay S. Ovsiovitch (Robert G. Smith, Assistant Federal Public Defender for the Western District of New York, on the brief), Rochester, New York, for Defendant-Appellant.

Joseph J. Karaszewski, Assistant United States Attorney (William J. Hochul, Jr., United States Attorney for the Western District of New York, on the brief), Buffalo, New York, for Appellee.

Before CALABRESI, POOLER, and CHIN, Circuit Judges.

CHIN, Circuit Judge:

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...

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