In this Note, Annie C. Hundley explores the United States Court of Appeals for the Fifth Circuit’s decision inĀ United States v. Hebert, 813 F.3d 551 (5th Cir. 2015), cert. denied, 137 S. Ct. 37 (2016). The Fifth Circuit held that the district court properly increased a convict’s sentence from seven to ninety-two years as an upward variance, based on a judicial finding of murder.

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