Is the use of the preponderance of evidence standard to enhance at sentencing deemed unconstitutional when the presumption of innocence is restored, i.e. acquitted conduct or never lost, i.e. dismissed and uncharged conduct, carrying with it all the protections of the Fifth and Sixth Amendments until a final sentence is rendered?

QUESTION PRESENTED Is the use of the preponderance of evidence standard to enhance at sentencing deemed unconstitutional when the presumption of innocence is restored, i.e. acquitted conduct or never lost, i.e. dismissed and uncharged conduct, carrying with it all the protections of the Fifth and Sixth Amendments until a final sentence is rendered?