2d Cir. Changes Mind on Draconian Child-Porn Sentence

A man who convinced a divided federal appeals court in June that his 60-year sentence for producing and possessing child pornography was excessive learned Dec. 6 that the panel changed its mind and that he’ll likely spend the rest of his life in prison (United States v. Brown, 2016 BL 405920, 2d Cir., No. 13-1706-cr, 12/6/16, vacating and replacing 826 F.3d 51).

In a rare about-face, Judge Robert D. Sack voted to join Judge Christopher F. Droney’s majority opinion and uphold Nathan Brown’s sentence notwithstanding the “rhetorical excess” voiced by the sentencing judge that led Sack to ...