Todd

MEMORANDUM **

Wade Patrick Todd appeals the 168-month sentence imposed following his guilty plea to aggravated sexual abuse of a child, in violation of 18 U.S.C. §§ 1153 and 2241(c). We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742 . We affirm.

Todd contends that the district court improperly increased his offense level by four points under U.S.S.G. § 2A3.1(b)(l) based on its unwarranted finding that he had used force on his victim. According to Todd, the facts the district court relied on were not proven by a preponderance of the evidence and, even if they were proven, failed as a matter of law to support the enhancement. These contentions fail.

We review for clear error the district court’s factual findings underlying its application of the Sentencing Guidelines. United States v. Seesing, 234 F.3d 456, 459 (9th Cir.2000).

At sentencing, Todd expressly declined to object to the presentence report’s factual recitation describing his offense conduct and, indeed, acknowledged that he used force during the offense. Because the uncontroverted evidence showed that Todd punched the victim in the neck three times while sexually assaulting her, the district court’s…