United States v. Utlaut

SHEPHERD, Circuit Judge.

Ryland Craig Utlaut pled guilty to one count of mail fraud. See 18 U.S.C. § 1341. The district court 1 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 of the Sentencing Guidelines. We affirm the sentence.

I

Utlaut was employed by Garst Seed (“Garst”), a national seller of corn, bean, and alfalfa seed, from 1991 to 2004. Garst initially hired Utlaut as a district…