Fifth Circuit· 12/23/2015

United States v. Mark Hebert

Citations

813 F.3d 551
2015 U.S. App. LEXIS 22566

How courts have described this case

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

holding that defendant’s Fifth and Sixth Amendment claims were foreclosed by precedent because courts can engage in judicial factfinding at sentencing where the sen- tence does not exceed the statutory maximum term
holding that a variance from 6–7 years to 92 years was substantively reasonable
noting that Fifth Amendment challenges to the preponderance standard at sentencing “are foreclosed by our precedent . . . because we have held that courts can engage in judicial factfinding where the defendant’s sentence ultimately falls within the statutory maximum term”
affirming a 92-year sentence where the top of the guidelines range was six to seven years
affirming upward variance to 92 years from a guidelines sentence of “six to seven years”
upholding a variance of 1214% from the high end of the Guidelines range

Source: CourtListener parenthetical corpus (CC0).

Judges: Stewart, King, Higginson

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Cited by

18 cases in this archive cite this case.

Cites

38 cases in this archive are cited by this case; the 20 most cited are listed.

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