2001 Federal Sentencing Guideline Manual
§5K2.21. Dismissed and Uncharged Conduct (Policy Statement)
The court may increase the sentence above the guideline range to reflect the actual seriousness of the offense based on conduct (1) underlying a charge dismissed as part of a plea agreement in the case, or underlying a potential charge not pursued in the case as part of a plea agreement or for any other reason; and (2) that did not enter into the determination of the applicable guideline range.