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U.S. v. UTLAUT

No. 06-3281.

497 F.3d 843 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Ryland Craig UTLAUT, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: August 15, 2007.

Attorney(s) appearing for the Case

Jeffrey D. Morris and Jeremy S. Weis of Kansas City, MO, for appellant.

Mary C. Luxa, AUSA, Des Moines, IA, for appellee.

Before MURPHY, BENTON, and SHEPHERD, Circuit Judges.

SHEPHERD, Circuit Judge.

Ryland Craig Utlaut pled guilty to one count of mail fraud. See 18 U.S.C. § 1341. The district court1 sentenced Utlaut to 63 months imprisonment and two years of supervised release. On appeal, Utlaut contends that the district court's failure to grant a downward departure based on diminished capacity was an incorrect and harmful application of section 5K2.13...

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