Fourth, if the statute of limitations is exceeded, can the state bring a claim against the federal government for alleged collusion?
MultiRegion, United States of America
The following excerpt is from U.S. v. Wiseman, 1993 WL 118176, 991 F.2d 804 (9th Cir. 1993):
Fourth, the "dual sovereign" doctrine forecloses the argument that the statute of limitations was exceeded. See United States v. Cordova, 537 F.2d 1073, 1076 (9th Cir.), cert. denied, 429 U.S. 960 (1976) (applies dual sovereignty doctrine directly to claims of Fifth Amendment violations). The state's delay and failure to indict cannot be charged to the federal prosecution, absent evidence of collusion. See id.
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