Hebert v. United States

(1) Whether petitioner"s 92-year sentence for nonviolent fraud offenses causing $16,000 in loss is unconstitutional, where, as the government and court of appeals each acknowledged below, the sentence would be substantively unreasonable, and therefore unlawful, but for the district judge"s contested murder finding; and (2) whether a criminal defendant"s Fifth and Sixth Amendment rights to a jury place any constraints on an appellate court"s ability to use judicial-found facts as the basis to affirm the substantive reasonableness, and therefore the lawfulness, of the defendant"s sentence, a question this Court acknowledged but postponed answering in Rita v. United States.