Does a substantially greater sentence imposed based primarily on a count for which a grand jury refused to indict and which did not appear in a superseding indictment or information comprise plain and prejudicial error sufficient to warrant examination of counsel's performance under Strickland; First Prong?

QUESTION(S) PRESENTED : : 1.) Does a substantially greater sentence imposed based primarily on a count for which a grand jury refused to indict and which did not appear in a superseding indictment or information comprise plain and prejudicial error sufficient to warrant examination of counsel's performance under Strickland; First Prong? 2.) Does a sentence enhancement based on uncharged conduct comprising an "infamous crime" for which a grand jury refused to return an indictment and which was not presented by information violate the Presentment and Due Process clauses of the Fifth Amendment? ~