[krisoft]

The judge can take into consideration during sentencing conduct not explicitly charged. Heck they can take into consideration things you have been acquitted over by a jury too.

That is right (I'm telling you how the law is, not how it should be) A jury can decide that it was not proven beyond a reasonable doubt that you did something and yet you can still receiver a heavier sentence for it. (as long as they don't acquit you over all charges.)