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

I respectfully dissent.

The majority, by agreeing that Brenda Working’s conduct warrants departure for aberrance, has found new meaning in the term — one not supported by our jurisprudence and one which, by its sheer expansiveness, is at odds with the views of every other circuit. Brenda Working committed a premeditated attempted murder, “attempted” only because her relentless and cold-blooded assault on her husband was thwarted by his equally relentless will to survive. She compounded her crime by destroying evidence and lying to the police in an effort to conceal what she believed to be the…