dropped if you will charge that's or that's part of the crime charges are no longer pending against the daughter but she's still here my understanding and again this is outside the record but my understanding is the daughter is is still in anchorage she is still  living with the foster mother who had been taking care of her during the previous months that her mother her mother was in jail and that she is in fact resisting deportation at this point that's that sensed some of the guidelines would be credited and to the ultimate time that she would end up serving all rights but that's but that's not her punishment she is not being held now as punishment she is being held handing appeal offense is actually being released was no punishment to go home the message that that would send to drug traffickers is a frightening one use your daughters and use your children use them as a shield tell them nothing's going to happen if you get caught they'll just send you back home and that that that that is a very dangerous message for this country to be i guess and other possibility is that the women with just here she is able to find extraordinary family circumstances this court set out in us relying on what extraordinary spammy circumstances might be and in this case i suggest that rather than focusing on what the defendant did and what and what an appropriate punishment for her crime might be the district court ended up being distracted by his peers for what might happen to his daughter what was the big deal with the daughter and i read it and i couldn't see what was so wrong i mean a teenage girl has kind of an excessive focus song in her diet and how much she eats it sounds very half of mankind i believe that there's suffering from some depression and that it was his understanding as well that she was being treated this depression and that the guardian testified to this very few of the mother got busted coming in with the dope right that's the parties are to receive notice so they can present their views and evidence on that issue presumption that if the daughter were deported while the mother were in prison that she would merely be left at the border to own this i says no one should watch out all the record evidence is not say he was not crediting the letter he simply seem to ignore the letter you said that you know you were mean concerned but never the last this daughter would be left at the border with no one to care for her in fact the evidence was child foster system in this country that this is care of children in whatever country the child is going to counsel is there any evidence about whether there is any extended family in mexico there is considerable evidence that the fact that the defendant in this daughters older than the the minor daughter in this case both living in mexico this means that the daughter has a father now there's there's no evidence in the record that there is any continuing contact with the father except that the the father helped them get passports for their trip to the united states but in any event what all of this demonstrates i believe is that rather than affirmative evidence of an extraordinary family circumstance the judge was speculating that there might not be a family member there contrary to all of the of the evidence and that there might not be anybody to take care of this child light on and the time of the hearing to assemble evidence and to prepare cross examination they didn't print bring anyone this is and they didn't describe anything about the immigration procedure this case was exceptional really circumstances are extraordinary here is one of the exceptional things in this case this mother was really helpless she had a fourth grade education she was a nice person she had a very nice daughter that she was in foster care being prosecuted by the state of alaska as soon thereafter when the state judge dismissed it she was prosecuted by the federal government and and she was miserable and she was taking zoloft it's not there's miserable when when you get prosecuted for drug smuggling it's not extraordinary either i'm trying to get what's extraordinary the people at the end of this transaction the two women who came to anchorage were mother had employment before but this looks like it would produce more money for all i know it was the mother thought idea well she told in her allocution before a judge before the judge indicated that intent to depart in the very first elocution she described why she did it and she described another medical problem that the daughter had and how she was just desperate without any money she cooperated fully with the government and and then she came to the united states hoping that things would be better she was desperate in san jose she wasn't living with an extended family the prosecutor is wrong she had a nice that she mentioned in her allocution that gave them temporary housing and he didn't feel welcome there she felt like she couldn't make enough money to pay the people that were having the house wasn't around legal aid work immunity she wasn't supposed to work this is the kind of case that if you look on the surface of it it looks really bad and the prosecutor said she used her children her child to come into the country and be a drug smuggler she was a fourth grade education she was a desperate person and she's a very nice person who raised an exceptional daughter and i think that's what struck the guardian ad litem who testified for quite a while i'm cross examined virtually about this young woman's she  was a good student she was very cooperative she loved her mother this wasn't good bonding relationship on the whole the different for putting such a nice young daughter in this terrible position but it's partly  the punishment out but she's partly nice because the mother i mean the mother was very conscientious about this child's wellbeing and if they out her medical problems and she made  terrible mistake and they and they came together through the anchorage airport and they completely confessed they cooperated i signed a plea bargain because they wanted her cooperation the government didn't a downward departure and my take on that is this defendant was so far at the end of this so outside any drug world that she just and she wasn't very educated or well  em who testified at length and he heard the foster mother both of them said she was in an exceptional position she was exceptionally just stressed medical doctors don't give zoloft to fifteen year olds it's a very powerful drug and they don't give it out like candy this is a very she was in a serious position and she was a good worthwhile person who with her mother would have a good life now this extended family the prosecutor talked about just wasn't there the guardian ad litum tried for months and months to locate people and at the time of sentencing he had found nobody there was mention of an aunt in california been successful at the time of the hearing and the defense allocution had a very very mention that she came to san jose because she thought she could stay with the nephew and his wife and there were a lot of people niece is the nephew's wife who didn't welcome them anymore in san jose and she's the one that was mentioned in the elocution current cook the guardian who's studied this successful san jose problem i think if you look at her allocution i remember her telling judge singleton that the daughter had a problem with excessive sweating and refused to go to school and she couldn't afford medical care and she couldn't afford medication for high blood pressure and she got worried that they needed both these kinds of treatment and they were stuck without jobs with relatives or extended family or maybe strangers it was a big house and one of the couples living in the house was a nephew from her hometown and they were welcome they couldn't contribute to the overhead of this family so they went to reno know ontario canada california and i got it somebody gave me a ticket to go there and get this these drugs sewn into their garments and they were sent to alaska  said they were in california and there was no place for the girl to go if the mother was going to do this and the girl wanted to stay with her mother they were very equal  there's a big age gap in terms of sophistication and intelligence because my client has this fourth grade education and she comes across as a very distressed helpless person with medical problems of herself and her daughter now why is doing this was over as the court has noticed the daughter got arrested on federal charges the government got rearr my client and she she was put in jail we moved her bail pending appeal and this is all part of the record and the that magistrate found her not a flight risk and not a danger to society and he reckoned he said it would be a tragedy or a miscarriage of justice for her to do extra time since she had already done her sentence they put her in the halfway house and  after that then after the sentence while the appeal was pending she's in the halfway house and she has so many medical problems that the halfway house can handle or and they put her back in jail and now she's in sea tac so if did because the government is now saying in all its blakeley briefs and issues that the sentencing guidelines are supposed to be a flexible individual crafted sentence and judge singleton on his own from reading the pre sentence report without input from us gave notice that this was an important issue for him after he read laon and he gave the government a long time they didn't bring in the immigration people they didn't cross examine the guardian ad litum about how trivial medical problems were and they didn't bring any witnesses and both the guardian and the foster mother testified at length and themselves in person very impressive people about what they've noticed and what they their efforts on this family's behalf i think you should affirm judge singleton but practically speaking that's doesn't help me or my client my clients in sea tac in prison and her daughter is here and even if they got deported they would get deported which is a constant danger from the daughter and she doesn't want to be deported without her mother she doesn't have any place to go in mexico i think there should be some kind of re and to judge singleton if you think he didn't make enough findings i think that we can he can make more findings and i think this court has really ended in other situations like where there were inadequate findings for how he should be limited i cited the right case which i think was is a review of a very unusual upward departure situation but that judge didn't make detailed findings either and under a de no standard his upward departure was affirmed i think practically speaking in the hearing with the live witnesses in my life testimony that my case is as exceptional on the surface it vacation flexibility for a judge she's been a judge for a long time and has seen a lot of drug cases and just like drugs and what they do to people to say this is an unusual situation