Tutor Perini Bldg. Corp. v. Port Auth. of N.Y. & N.J.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that “district judges must enjoy the same liberty to depart from [the child pornography guideline] based on reasonable policy disagreement as they do from the crack-cocaine Guidelines discussed in Kimbrough
• remanding for reconsideration of a Kimbrough argument where the district court’s comments at sentencing suggested a possible failure to appreciate its discretion
• “[Sentencing courts must continue to consider the applicable Guidelines range as the starting point and the initial benchmark” in child pornography cases
• discussing Kimbrough v. United States, 552 U.S. 85, 128 S.Ct. 558, 169 L.Ed.2d 481 (2007)
• stating a district court may not ignore its discretion to vary from the Guidelines where it is presented with an argument that it should exercise that discretion
• \Most of the revisions [to the child pornography guideline] were Congressionally-mandated and not the result of [the Commission's] empirical study.\

Source: CourtListener parenthetical corpus (CC0).