The government expressly disclaimed any such burden. See Ulbricht’s (unsuccessful) petition for certiorari [1] linked elsewhere in this thread: > The sentence

The government expressly disclaimed any such burden. See Ulbricht’s (unsuccessful) petition for certiorari [1] linked elsewhere in this thread: > The sentence was based on judicial findings related to allegations of serious crimes that not only were never found by a jury but were not even among the charges leveled at trial. During closing argument, the U.S. attorney explicitly advised the jury: “[T]o be clear, the defendant has not been charged for these attempted murders here. You’re not required to make any findings about them. And the government does not contend that those murders actually occurred.” [1] https://www.supremecourt.gov/DocketPDF/17/17-950/34432/20180205155810342_180202%20Brief%20for%20E-filing.pdf https://www.supremecourt.gov/DocketPDF/17/17-950/34432/20180...