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U.S. v. WORKING

Nos. 98-30121, 98-30122.

224 F.3d 1093 (2000)

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.

Rehearing Granted Opinion Withdrawn November 1, 1999.

Argued and Submitted March 21, 2000.

Filed September 11, 2000.

Attorney(s) appearing for the Case

Karin B. Hoppmann, United States Department of Justice, Criminal Division, Washington, D.C., for the plaintiff-appellant, cross-appellee.

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

Before: HUG, Chief Judge, JAMES R. BROWNING, SCHROEDER, PREGERSON, REINHARDT, KLEINFELD, HAWKINS, SILVERMAN, McKEOWN, WARDLAW and FLETCHER, Circuit Judges.

Rehearing En Banc Granted Opinion Withdrawn November 1, 1999.

Opinion by Judge SILVERMAN; Dissent by Judge WARDLAW.

SILVERMAN, Circuit Judge:

In Koon v. United States, 518 U.S. 81, 97-98, 116 S.Ct. 2035, 135 L.Ed.2d 392 (1996), the Supreme Court said:

We agree that Congress was concerned about sentencing disparities, but we are just as convinced that Congress did not intend, by establishing limited appellate...

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