Court of Appeals for the Ninth Circuit March 3, 2003, 01-10669 (United States v. Vince A. Auld)

OPINION

WILLIAM A. FLETCHER, Circuit Judge:

The defendant-appellant in this case is subject to a statutorily required minimum sentence that exceeds the otherwise applicable guideline sentence. The question presented, one of first impression in this circuit, is whether a downward departure pursuant to 18 U.S.C. § 3553(e) and U.S.S.G. § 5K1.