The following excerpt is from U.S. v. Miller, 979 F.2d 856 (9th Cir. 1992):
Moreover, no due process violation arises from a decision to refer a case for federal, rather than state, prosecution in order to make use of the harsher penalties available under federal law. United States v. Nance, 962 F.2d 860, 865 (9th Cir.1992).
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