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                        as a courtesy to the reader. They are not part of the opinion of the court.

063281P.pdf   08/15/2007  United States  v.  Ryland Craig Utlaut
   U.S. Court of Appeals Case No:  06-3281
   U.S. District Court for the Southern District of Iowa - Des Moines   
   [PUBLISHED] [Shepherd, Author, with Murphy and Benton, Circuit
   Judges]
   Criminal Case - sentence. District court did not err in failing to give
   downward departure based on diminished capacity in the form of a
   gambling addiction. District court sought evidentiary support for link
   between addiction and embezzlement, but defendant failed to substantiate
   his claim of diminished capacity. Refusal to grant downward departure is
   unreviewable.