Posner Opinion in Child Pornography Case

This is a post-Rita sentencing opinion so How Appealing and Sentencing Law & Policy are, of course, covering the case.  These are Professor Berman's comments:

I find most of the Seventh Circuit's work in Goldberg to be well-founded.  But I am troubled a bit by the timing (especially in light of some broad dicta in Goldberg): the case was apparently submitted for decision less than a month ago and the panel obviously rushed out an opinion.  But, with the Rita ruling released last week, I think Judge Posner et al. should have taken a little extra time to see if Rita ought to impact its dicta and dictates (even if not its unreasonableness conclusion) in Goldberg.