The following excerpt is from U.S. v. Solano, 962 F.2d 15 (9th Cir. 1992):
We recently held that the lack of a neutral written policy governing state authorities' referral of a case for federal prosecution does not violate due process. See United States v. Diaz, No. 91-30165, slip op. 4099, 4107 (9th Cir. April 15, 1992). Accordingly, the indictment was proper.
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