Does a federal prosecutor have a role in determining whether or not to charge a defendant with a state crime rather than a federal crime?

MultiRegion, United States of America

The following excerpt is from Roads v. U.S., 996 F.2d 1227 (9th Cir. 1993):

Roads argues that his rights to both a speedy trial and a speedy arraignment were violated, and that the federal prosecutor acted as a mere "rubber stamp" to the state prosecutor's decision about whether to prosecute his case in federal or state court. Roads argues that these are examples of statutory and constitutional violations that occurred because of the prosecutor's decision to charge him with a federal rather than state crime. He relies on United States v. Nance, 962 F.2d 860, 865 (9th Cir.1992): "[A] prosecutor obviously cannot base charging decisions on a defendant's race, sex, religion, or exercise of a statutory or constitutional right...."

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