The following excerpt is from U.S. v. Mendoza-Villapando, 9 F.3d 1554 (9th Cir. 1993):
The district court may impose a sentence below the statutory minimum if the government moves for a downward departure, United States v. Keene, 933 F.2d 711, 714-15 (9th Cir.1991); 18 U.S.C. 3553(e), or if the government's failure to do so was based on an unconstitutional motive or on factors "not rationally related to any legitimate Government end," Wade v. United States, 112 S.Ct. 1840, 1844 (1992).
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