UNITED STATES OF AMERICA, — v. LINDA RAY GARDNER, —

LOKEN, Chief Judge.

A jury convicted Linda Ray Gardner of conspiring to distribute 500 grams or more of methamphetamine in violation of 21 U.S.C. § 846. The district court granted Gardner’s motion for a new trial, concluding that the prosecutor made an inadvertent but nonetheless improper comment on Gardner’s Fifth Amendment right not to testify by stating, during rebuttal closing argument, that “there is no evidence that refutes” incriminating testimony by a government witness. The government appeals. We have jurisdiction to review an order granting a new trial in a criminal case. See 18…