Federal Judiciary

United States v. Levy, No. 09-2965-cr (2d Cir. July 14, 2010) (found here)

Levy challenged (among other things) the substantive reasonableness of his 360 month sentence for producing and distributing child pornography.  On appeal, the Second Circuit found that his case did "not present the same issues" as in Dorvee, "specifically whether the defendant was likely sexually to assault a child."  Rather, "Levy actually molested a five-year-old girl, bragged about his conduct online, and thereafter not only failed to accept responsibility, but lied under oath about his culpability."  Thus, Levy could not benefit from Dorvee, in which the Second Circuit expressed concern about the reasonableness of child pornography sentences.