The following excerpt is from U.S. v. Drake, 980 F.2d 739 (9th Cir. 1992):
Drake argues that because this case was removed from state court, the fact that her sentence in state court would likely be much shorter than her sentence here justifies departure. 3 A district judge has no authority to impose a sentence below the statutory minimum. See United States v. Sharp, 883 F.2d 829, 831 (9th Cir.1989) (vacating sentence under 21 U.S.C. 841(b)(1)(B) which was shorter than statutory minimum); 18 U.S.C. 3553(e) (court may depart below a statutory minimum sentence only upon motion of government, where defendant provided "substantial assistance" in investigation or prosecution of another individual). Furthermore, there is no requirement that a federal sentence be harmonized with a sentence for a similar crime in state court. See United States v. Meyer, 802 F.2d 348, 352-53 (9th Cir.1986), cert. denied, 484 U.S. 817 (1987).
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