Court of Appeals for the Ninth Circuit October 25, 2004, No. 04-30008 (United States v. Dick)

MEMORANDUM **

Lane Edwin Dick appeals his 87-month sentence imposed following his guilty plea to conspiracy to distribute methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1) and 846.

Dick contends that the district court erred in failing to grant him downward departures on the grounds of diminished mental capacity under United States Sentencing Guidelines § 5K2.