Petition of the day

Issue:(1) Whether petitioners 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 judges contested murder finding; and (2) whether a criminal defendants Fifth and Sixth Amendment rights to a jury place any constraints on an appellate courts ability to use judicial-found facts as the basis to affirm the substantive reasonableness, and therefore the lawfulness, of the defendants sentence, a question this Court acknowledged but postponed answering inRita v. United States.