In what circumstances will a federal defendant be able to avoid prosecution in a state court?

Id. at 213, 91 S.Ct. at 1470 (citation omitted). The appellants in the instant case were presented with a similar difficult choice. It did not, however, impermissibly impair any of the "policies" behind the fifth amendment. ³ The appellants can only speculatively point to some future state court homicide prosecution. They faced the typical situation of any federal defendant who might face related prosecution in state court.

In United States v. Nolan, 700 F.2d 479 (9th Cir.), cert. denied, 462 U.S. 1123, 103

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