Otto

United States v. Otto

Good Law
218 F. App'x 576
United States Court of Appeals for the Ninth CircuitJanuary 16, 2007No. 06-50277California205 words

Opinion

Lead Opinion

Fred Jay Otto appeals from the 92-month sentence imposed following his guilty-plea conviction for Bank Robbery, in violation of 18 U.S.C. § 2113 (a). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Otto contends that the district court erred by denying his motion for a downward departure pursuant to U.S.S.G. § 5K2.13 and that his sentence is unreasonable because the district court failed to adequately consider his severe mental illness. We disagree.

A review of the record demonstrates that the district court properly calculated and considered the Guidelines, properly considered the sentencing factors pursuant to 18 U.S.C. § 3553 (a), and analyzed the policy considerations of U.S.S.G. § 5K2.13 in denying a downward departure. Thus, Otto’s sentence was reasonable. See United States v. Mohamed) 459 F.3d 979, 985-87 (9th Cir.2006).

Contrary to Otto’s contentions, the district court properly considered his mental health problems. While addressing the § 3553(a) factors, the district court considered Otto’s history of drag abuse, mental health and his use of a serious threat of violence in sentencing him to the low end of the Guidelines range.

AFFIRMED.

This…

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