United States of America, Plaintiff-Appellant-Cross-Appellee v. Brenda Lee Working, Defendant-Appellee-Cross-Appellant

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 review, to vest in appellate courts wide-ranging authority over district court sentencing decisions.

A district court’s decision to depart from the Guidelines ... will in most cases be due substantial deference, for it embodies the traditional exercise…