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U.S. v. WORKING

No. 01-30098.

287 F.3d 801 (2002)

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

United States Court of Appeals, Ninth Circuit.

Filed April 17, 2002.

Attorney(s) appearing for the Case

Karin B. Hoppmann, Attorney, U.S. Department of Justice, Criminal Division Appellate Section, Washington, D.C., for the plaintiff-appellant.

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

Before ALARCON, SILVERMAN, Circuit Judges, and BREWSTER, District Judge.

OPINION

SILVERMAN, Circuit Judge.

The government appeals the district court's sentencing of Brenda Working to one day for assault with intent to commit first degree murder in violation of 18 U.S.C. § 113(a)(1). Working also received a mandatory five-year sentence for use of a firearm during and in relation to a crime of violence, 18 U.S.C. § 924(c). The issue before the court is whether the extent of the district court's downward departure from...

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