Does a state have jurisdiction to prosecute an individual for same conduct that served as basis for federal prosecution?
MultiRegion, United States of America
The following excerpt is from U.S. v. Engesser, 788 F.2d 1401 (9th Cir. 1986):
Mont.Code Ann. Sec. 46-11-504. This statute eliminates, in Montana, the "dual-sovereignty" exception to the prohibition against being placed twice in jeopardy. It bars state prosecution following federal prosecution for the same conduct. See State v. Zimmerman, 175 Mont. 179, 187-88, 573 P.2d 174, 179 (1977) (state may not prosecute individual for same conduct that served as basis for federal prosecution).
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