Is there a due process violation in permitting a prosecutor to elect to prosecute under either the Criminal Code or the Criminal Prosecution Service Act?
MultiRegion, United States of America
The following excerpt is from Grooms v. Keeney, 826 F.2d 883 (9th Cir. 1987):
Further there is no due process violation in permitting a prosecutor to elect to prosecute under either statute, id. at 124, 99 S.Ct. at 2204, even if one imposes felony penalties and the other merely misdemeanor penalties, United States v. Edmonson, 792 F.2d 1492, 1497 (9th Cir.1986), cert. denied, --- U.S. ----, 107 S.Ct. 892, 93 L.Ed.2d 844 (1987); United States v. Mackie, 681 F.2d 1121, 1122 (9th Cir.1982).
The judgment is AFFIRMED.
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