Can a state criminal statute be assimilated into federal law?
MultiRegion, United States of America
The following excerpt is from U.S. v. Altman, 1991 WL 67887, 931 F.2d 898 (9th Cir. 1991):
Id. at 717 (footnotes omitted). And this court, in United States v. Kaufman, 862 F.2d 236 (9th Cir.1989) (per curiam), stated, "A state criminal statute is not assimilated [ ] when the precise conduct it prohibits is made penal by federal law--there is then no gap in federal law for the state statute to fill." Id. at 237.
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