United States v. Minchey

ORDER AND JUDGMENT**

TIMOTHY M. TYMKOVICH, Circuit Judge.

Kyle Minchey pleaded guilty to one count of possession of stolen firearms in violation of 18 U.S.C. § 922(j). Based on an offense level of 21 and a criminal history of VI, Minchey fell within a sentence range of 77-96 months pursuant to the United States Sentencing Guidelines (USSG). Minchey sought a downward departure based on “diminished capacity” under USSG § 5K2.13. The district court denied the motion and sentenced Minchey to a term of 86 months. Minchey timely appealed (1) the denial of the downward departure and (2) the…