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U.S. v. WORKING

Nos. 98-30121, 98-30122.

175 F.3d 1150 (1999)

UNITED STATES of America, Plaintiff-Appellant-Cross-Appellee, v. Brenda Lee WORKING, Defendant-Appellee-Cross-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed May 6, 1999.

Attorney(s) appearing for the Case

Arlen R. Storm, Assistant United States Attorney, Tacoma, Washington, for the plaintiff-appellant-cross-appellee.

Wayne C. Fricke, Law Offices of Monte E. Hester, Inc., Tacoma, Washington, for the defendant-appellee-cross-appellant.

Before: PREGERSON and THOMPSON, Circuit Judges, and TAKASUGI, District Judge.

PREGERSON, Circuit Judge:

This case is about a woman pushed to her breaking point by a husband who continually abused her with threats and lies until one day she snapped and shot him. It is also about a district court's exercise of discretion to depart downward from the applicable Sentencing Guideline range because it found that her behavior was "aberrant."

I.

Brenda and Michael Working were married on September 8, 1990. At the time, Michael had...

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