When are trial judges prohibited from considering as sentencing factors criminal acts that a defendant was neither charged nor convicted of?

QUESTIONS PRESENTED L. When are trial judges prohibited from considering as sentencing factors criminal acts that a defendant was neither charged nor convicted of? And ina related question; does the fact that a sentence handed down that is within the statutory range, mean that a court can consider virtually any act or aggravating factor whether it is charged or uncharged, proven or unproven, by ajury? I. Whether Petitioner’s Due Process rights were violated when indictment and jury conviction was for a specific charge and a specific amount of contraband, but at sentencing the petitioner was credited with a much larger amount? This, due to calculation errors of the probation officer as to amounts, as well as inclusion of criminal acts petitioner was neither charged nor convicted of? (The charge was Conspiracy to Distribute and Possess with the intent to Distribute 500 grams of Methamphetamine and an unknown amount of marijuana. The conviction was for the methamphetamine. At sentencing, petitioner was credited for a much larger amount than 500 grams, 3262 grams of methamphetamine as well as uncharged amounts of Cocaine totaling 4430.55gm and uncharged amounts of Cocaine Base “Crack” totaling 105.0 grams. Neither of the of the last two were part of the charges or conviction, but were only referenced in the Pre-Sentence Investigation Report. Defendant was sentenced to 360 months, almost double of what he would have been facing). Il. Where evidence put forth at trial failed to show a trafficking amount anywhere close to “500 grams or more,” did the trial court err by denying petitioner’s motion for judgment of acquittal on aggravated drug trafficking of 500 grams of methamphetamine? Evidence that was put forth was of approximately 283 grams, and that amount was also outside of the timeline of the indictment which “began at a date unknown, but no later than 2013.” This evidence related to alleged activity in 2016, subsequent to the allegations on the indictment. This evidence came in absent objection by defense counsel. IV. When is a promise made by a court a promise? Can a promise made by a judge make an unprepared attorney prepared? (Where another appointed defense counsel, who was not trial counsel, appeared for petitioner at sentencing and was admittedly unprepared, seven (7) times asked for a continuance, and where the court made a promise on the record to keep the sentencing points at a specific level (32), thus assuaging defense counsel’s concern about her unpreparedness, and then added three points at sentencing, sentencing defendant to 360 months, were defendant’s due i process rights violated? Was this sentence procedurally or substantially unreasonable in light of the facts stated? It should be noted, as referenced in a government brief, that the conviction level was actually “30,” which would have called for a sentencing range of 168-210 months. Petitioner was sentenced to 360 months. Were the defendant’s due process rights violated in light of the numerous irregularities that occurred, at both trial and sentencing)? ii