United States v. Rodney Pollard

OPINION OF THE COURT

NYGAARD, Circuit Judge.

Rodney Pollard appeals his conviction and sentence for several counts involving a conspiracy to kidnap or lure adolescent boys across a state line and commit sexual acts with them. Pollard’s sole colorable contention on appeal is that it was improper for the district court to apply the criminal sexual abuse guideline because he was not charged with that offense. Because we conclude that there is no statutory or constitutional requirement that a defendant be charged with conduct before that conduct may be considered in sentencing, we will affirm.

I

Rodne…