I typically plonk the Washington Times but this seems like pretty good reporting.

Federal prosecutors are asking U.S. District Judge Richard W. Roberts to send Ball to prison for 40 years, basing their request partly on charges that were never filed or conduct the jury either rejected outright or was never asked to consider.

Known as acquitted and uncharged conduct sentencing, the practice is raising a sharp question among legal scholars: Should federal judges dole out tougher sentences based on accusations that jurors rejected or never heard during trial?

I would support a Constitutional Amendment barring this practice.

Sentencing Law and Policy: Extended examination of ugliness of acquitted conduct enhancement