[ktm5j]

> the fact he was sentenced partly based on this the transgression I named, even if he was not charged with it

Do you have a source for that? IANAL but as far as I know that is not the way the US legal system caries out sentencing.

[zucker42]

The petition for the Supreme Court to hear Ross Ulbright's case discusses some of the legal background in the second section https://www.supremecourt.gov/DocketPDF/17/17-950/24860/20171...

Apparently there has been a long standing practice of judges finding facts to justify a longer second, but it's questionable whether the practice is Constitutional.