Legal Opinion
United States v. Miriam Aguirre
Court of Appeals for the Ninth Circuit
Decided June 19, 2000No. 99-50135PublishedCited by 53 opinions
1Opinion of the Court
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 oral imposition of sentence, making the two level downward departure error. We agree. We find that Rule 35(c) applies from the time of oral…
2Cases cited25 opinions
- Koon v. United StatesSupreme Court of the United States · 1996
- United States v. Mirna Rivera, United States v. Robert AdamoCourt of Appeals for the First Circuit · 1993
- United States v. Jose Jesus Lira-BarrazaCourt of Appeals for the Ninth Circuit · 1991
- United States v. MorilloCourt of Appeals for the First Circuit · 1993
- United States v. Dean Harvey HicksCourt of Appeals for the Ninth Circuit · 1993
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3Cited by53 opinions
- United States v. GoodwynCourt of Appeals for the Fourth Circuit · 2010
- United States v. LeniearCourt of Appeals for the Ninth Circuit · 2009
- United States v. Johnny Lee NapierCourt of Appeals for the Ninth Circuit · 2006
- United States v. RollinsCourt of Appeals for the Seventh Circuit · 2010
- United States v. Dorothy MenyweatherCourt of Appeals for the Ninth Circuit · 2006
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