Opinion by Judge RESTANI; Concurrence by Judge FERGUSON.
RESTANI, Judge:
The district court sentenced Miriam Aguirre ("Aguirre" or "defendant") to 57 months imprisonment for her participation in brokering a drug deal. The government appeals a two level downward departure in defendant's sentence granted due to the absence of a local woman's prison. The government argues that Fed.R.Crim.P. 35(c) barred the district court from altering the sentence after the...
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