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This Court has ruled that a district court may take into account even acquitted conduct when sentencing a defendant. United States v. Juwa, 508 F.3d 694, 700 (2d Cir. 2007) (?A sentencing court is not limited to considering only evidence of the convicted offense; it may take into account other relevant conduct, and even acquitted conduct . . ..?) (citations omitted);United States v. Vaughn, 430 F.3d 518, 526 (2d Cir. 2005). In Vaughn, we stated that





430 F.3d at 527 (citing United States v. Gonzalez, 420 F.3d 111, 129 (2d Cir. 2005)) (emphasis added). None of the three Vaughn factors present an issue here. Appellants have not alleged that the district court believed the Guidelines to be mandatory, and the third factor is not relevant in this case. Appellants? sentences were below the maximum sentence of 20 years? imprisonment for their convictions under the Hobbs Act, 18 U.S.C. § 1951. We find no constitutional violation.