Lаwrence Fay LaRoche appeals the sentence imposed by the district court 1 after he pleadеd guilty to aggravated sexual abuse, in violation of 18 U.S.C. §§ 1158 and 2241(c). For reversal, LaRoche argues the district court erred by rеlying on “contested” facts in the presentence report (PSR) as the basis for assessing the use-of-foree enhanсement under U.S.S.G. § 2A3.1(b)(l). We affirm.
LaRoehe’s PSR recommended a four-level increase under section 2A3.1(b)(l) because he used force and threats to commit the instant offense. LaRoche objected to the recommended enhanсement, and to the factual statements contained in рaragraphs four and five of the PSR. At sentencing, the district, relying on the unchallenged factual allegations contained in paragraphs six, seven, and ten of LaRoehe’s PSR, found thаt LaRoche had used force and threats to commit thе instant offense, and overruled LaRoehe’s objection. 2 The district court sentenced La-Roehe to 235 months imprisоnment and five years supervised release.
Section 2A3.1(b)(l) states that “[i]f the offense was committed by the means set forth in 18 U.S.C. § 2241(а) or (b) ... increase by 4 levels.” Section 2241(a) includes the act of causing another person to engage in a sexual act by using force against that person, see 18 U.S.C. § 2241(a)(1), or by threatening or placing the other person in fear that any person will be subject to death, serious bodily injury, or kidnapping, see 18 U.S.C. § 2241(a)(2).
A district сourt may accept as true all factual allegаtions contained in the PSR that are not specifically objected to by the parties.
United States v. Montanye,
Accordingly, we affirm the judgment of the district court.
