Federal agents arrested all five appellants aboard a fishing vessel in San Francisco Bay. The vessel was returning from international waters where its crew members, the appellants, had loaded it with approximately 45,000 pounds of marijuana. Each appellant pled guilty to importation of marijuana. The district court sentenced the appellants pursuant to a plea agreement in which the government agreed to recommend a period of incarceration of not more than eight years for appellant Swader and not more than ten years for the other four men. In this appeal appellants ask that their sentences be vacated and their cases remanded for resentencing before a new judge.

At the time of sentencing, the district court commented extensively upon the circumstances of the plea, particularly the seriousness of the crime, the key role that the defendants played in it, and their apparent unwillingness to learn the identities of those higher up in the importation operation.1 The district judge indicated that he felt a maximum sentence would be in order for all the defendants, but respected the plea bargain in light of the complexity of the case. He sentenced in accordance with it.

In asking us to vacate the sentences, appellants rely upon our recent decision in United States v. Barker, 771 F.2d 1362, 1369 (9th Cir.1985), where we invoked a narrow exception to the general rule that sentences within statutory limits are unreviewable. See, e.g., United States v. Tucker, 404 U.S. 443, 447, 92 S. Ct. 589, 591, 30 L. Ed. 2d 592 (1972); United States v. Lopez-Gonzales, 688 F.2d 1275, 1276 (9th Cir.1982). In Barker we applied the principle that appellate courts may review sentencing to ensure that there has been an exercise of discretion rather than imposition of sentence on a mechanical basis. 771 F.2d at 1365-67 (discussing Lopez-Gonzales; United States v. Wardlaw, 576 F.2d 932, 938 (1st Cir.1978)). We framed the question as "do the four corners of the record indicate that the district court actually and adequately considered the factors necessary to insure that each individual defendant was assessed and sentenced as an individual?" 771 F.2d at 1365-66. We then vacated the sentences in Barker because it appeared from the record that the sentencing court had considered only the seriousness of the crime and failed to consider individual circumstances relating to the nature of the offenders. 771 F.2d at 1369.

We have carefully reviewed the record in this case in the light of our opinion in Barker. There are only two similarities between the two cases. First, both cases involve importation by multiple defendants of a large amount of marijuana--in this case, actual possession of 45,000 pounds; in Barker, involvement in a ring which had imported approximately 44,000 pounds over a five-year period. Second, both district court judges commented upon the unusually serious nature of the crimes. There the similarities end. When we look to the underlying considerations which prompted us to hold in Barker that there had been a failure to exercise sentencing discretion, we find that every one of them is absent in this case.

The district court in Barker had imposed a maximum sentence without discussion of any factors relating to the individuals, thus suggesting a predetermined policy to sentence drug offenders to the maximum statutory term. 771 F.2d at 1364-65. In this case, the district court did not sentence the defendants to a maximum term. It did sentence pursuant to a plea agreement which took into account the complexities of the case.

In Barker, there were mitigating circumstances for some of the defendants, such as remorse and rehabilitation. 771 F.2d at 1366. In this case, there were no similar mitigating circumstances. In Barker, there were varying degrees of culpability among the defendants but identical sentences imposed. Id. at 1367. In this case, the five defendants did not receive the same sentences. The extensive presentence report, which has been made a part of this record on appeal, explains that the four defendants who received similar sentences deserved them.

In short, there is no basis for holding here that the district court abused or refused to exercise discretion. Imposition of similar sentences coupled with comments about the severity of the offense at the time of sentencing does not amount to an abdication of responsibility or an abuse of discretion on the part of the district court. Barker did not so hold.

Appellants' remaining arguments, related to their efforts to cooperate, are without merit. The sentence was within the range recommended by the government and to which the appellants had agreed. Their counsel had ample opportunity to comment on any relevant factors, including cooperation, at the time of sentencing.

AFFIRMED.