Fifth Circuit: USA v. Mark Hebert

Sentencing, 5A, 6A, 8A.

92 year sentence for Bank Fraud under 70K upheld, due to murder established by preponderance in sentencing.

No clear error in the finding.

After plea deal, gov't filed second PSR, cross-referencing the murder.

Cross-reference to state law murder not substantively unreasonable, as the sentence could have been an independent upward variance in the primary offense.

No Fifth Amendment Due Process, Eighth Amendment, or Sixth Amendment violation, as sentence was within statutory limits of the primary offense.

http://www.ca5.uscourts.gov/opinions/pub/14/14-31405-CR0.pdf