Cir.1991) (quoting United States v. Marin, 916 F.2d 1536, 1538 (11th Cir.1990) (per curiam)).
Thus, the district court properly considered the amended commentary in interpreting § 2G2.2.
The district court found that the 1996 amendment made clear that the Sentencing
Commission did not intend to limit the pattern of activity the court could consider to conduct related
to the offense of conviction. (R17-48). We agree. Because the language of the clarifying
amendment clearly permits an increased offense level for conduct unrelated to the offense of
conviction, the district court did not err in increasing the Andertons' offense levels.
4. Mr. Anderton's Upward Adjustment at Sentencing
Mr. Anderton also argues that the evidence concerning his abuse of his five-year-old
stepdaughter, introduced through the state child abuse investigator's testimony, was unreliable
hearsay and, therefore, not a proper basis for an upward departure. We review a district court's
decision to depart from the guidelines for abuse of discretion. Koon v. United States, 518 U.S. 81,
----, 116 S.Ct. 2035, 2047, 135 L.Ed.2d 392 (1996).
Even if the defendant received an offense level increase under § 2G2.2(b)(4), the
commentary to U.S.S.G. § 2G2.2 also permits an upward departure where a defendant engaged in
the sexual abuse or exploitation of a minor. U.S.S.G. § 2G2.2, cmt. n. 5 (1995). Furthermore, a
court may rely on hearsay at sentencing, as long as the evidence has sufficient indicia of reliability,
the court makes explicit findings of fact as to credibility, and the defendant has an opportunity to
rebut the evidence. United States v. Lee, 68 F.3d 1267, 1276 (11th Cir.1995); United States v.
Query, 928 F.2d 383, 384-85 (11th Cir.1991). At the sentencing hearing, Anderton's counsel had
an opportunity to cross examine the investigator. Additionally, the court made explicit findings as
to the credibility of the investigator's testimony and the reliability of the stepdaughter's statements.
These findings are not clearly erroneous. Accordingly, the district court did not abuse its discretion