Time Without the Crime? How the Federal Guidelines Allow Sentences Based on Unconvicted Conduct

Note by Annie C. Hundley

In this Note, Annie C. Hundley explores the United States Court of Appeals for the Fifth Circuit's decision in 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.