MEMORANDUM AND ORDER
SAFFELS, District Judge.
This matter is before the court on defendant's Motion to Compel Govt. To File Rule 35 (Doc. 216). The defendant is seeking a court order directing the government to file a motion for downward departure pursuant to Fed.R.Crim.P. 35. Both parties have submitted briefs on this matter and the court is now ready to rule.
I. FACTUAL BACKGROUND
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