Can a federal prosecutor indict a state criminal defendant even while the federal criminal proceedings are ongoing?
MultiRegion, United States of America
The following excerpt is from USA. v. Geiger, 263 F.3d 1034 (9th Cir. 2001):
First, Younger abstention does not apply to federal criminal prosecutions; a federal prosecutor can indict a state criminal defendant even while state proceedings are ongoing. See Abbate v. United States, 359 U.S. 187, 195 (1959) (holding that state and federal authorities can prosecute an individual for the same offense).
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