Task: Wrong Candidate Generation
Input (English): provide: If the defendant committed a non-violent offense while suffering from significantly reduced mental capacity!,] ... a lower sentence may be warranted to reflect the extent to which reduced mental capacity contributed to the commission of the offense .... U.S. Sentencing Guidelines Manual § 5K2.13 (1995). To be considered for a downward departure under this section, the defendant must have committed a nonviolent offense. Valdez argues that, because the shotgun used in the attempted robbery was not loaded and his accomplice was carrying the weapon, his commission of the robbery should be considered nonviolent. We reject this argument and hold that Valdez was not entitled to a downward departure for diminished capacity. See United States v. Mayotte, 76 F.3d 887, 889 (8th Cir.1996) (<HOLDING>). III. Johnson raises two arguments apart from 
 Holding statements: (A) holding that counsel was not ineffective in failing to request a charge on the lesserincluded offense when the evidence showed either the commission of the completed offense as charged or the commission of no offense such that the defendant was not entitled to a charge on the lesser offense (B) holding that defendants commission of the offense of bank robbery precludes any diminished capacity reduction under  5k213 (C) holding judge in bank robbery prosecution did not abuse discretion in refusing to excuse juror whose wife was bank employee or juror whose daughter had been victim of bank robbery (D) holding that defendants act of threatening bank customers who otherwise simply watched defendants rob the bank constituted aggravated menacing rather than robbery (E) holding that diminished capacity is a defense only to specific intent crimes
Output (English): holding that defendants act of threatening bank customers who otherwise simply watched defendants rob the bank constituted aggravated menacing rather than robbery