The question presented by this case is whether the Fifth and Sixth Amendments preclude a district court from increasing a defendant's sentence based on conduct, uncharged and unrelated to the offense of conviction, found by the court under a preponderance of the evidence at sentencing?

This case, then, asks whether the Fifth and Sixth Amendments preclude a sentencing court from basing or grounding a criminal defendant's sentence on conduct for which the defendant had never been charged — that is, whether a district court violates a defendant's Fifth and Sixth Amendment rights by considering "uncharged conduct" that it finds by a preponderance of evidence, but that the defendant had never been formally charged with or had previously been convicted?

Whether the Fifth and Sixth Amendments preclude a district court from increasing a defendant's sentence based on conduct, uncharged and unrelated to the offense of conviction, found by the court under a preponderance of the evidence at sentencing?