United States v. David Ferguson

OPINION

ALARCÓN, Circuit Judge.

David Ferguson was found guilty in a bench trial of knowingly possessing 14 images of child pornography and sentenced to ten years imprisonment, the mandatory minimum sentence under 18 U.S.C. § 2252A(b)(2). Ferguson timely appealed from both the conviction and the sentence. He argues that the district court (1) constructively amended the indictment by finding him guilty based on conduct that was not the subject of the indictment, and (2) committed plain error by basing his sentence enhancement on facts contained in the Presentence Investigation Report. We have…