Hayes

MEMORANDUM *

Defendant-Appellant, William George Hayes, II (“Hayes”), appeals the sentence imposed following his guilty plea to two counts of engaging in a sexual act with another person who was between the ages of twelve and sixteen and at least four years younger than the defendant, in violation of 18 U.S.C. § 2243 (a). Hayes claims the district court judge’s failure to advise him of the grounds for departure under the sentencing guidelines warrants vacating his sentence, and that the district court erred in applying upward departures for extreme psychological injury and under representation of criminal history.

Hayes had adequate notice of potential upward departures by virtue of the original presentence report. The report noted the grounds that warranted departure, by its revision of May 14, 2001, as did the government’s May 11, 2001, recommendation for upward departure, which was supported by subsequent memoranda. Such means are appropriate for notifying the defendant. See Burns v. United States, 501 U.S. 129, 137 , 111 S.Ct. 2182 , 115 L.Ed.2d 123 (1991). The notice in this case was timely, as it came before the outset of the sentencing hearing. United States v. Hedberg,…