United States v. Brenda Lee Working

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 the Guidelines on the assault charge was reasonable in light of the rationale given for the departure. We conclude that the district court abused its discretion in sentencing Working to one day for assault with intent to commit first degree murder. The district court improperly considered the mandatory consecutive sentence under 18 U.S.C. § 924 (c), as well as Working’s low risk of recidivism, when deciding how far to depart from the Guidelines. We vacate the sentence and remand for re-sentencing.

I.

On August 1, 1997, Brenda Working shot her husband, Michael Working, several times with a .38 caliber handgun. She pleaded guilty to assault with intent to commit first degree murder, in violation of 18 U.S.C. § 113 (a)(1), and use of a firearm during and in…