U.S. v. SYLVE

No. 96-30327.

135 F.3d 680 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. Isadore M. SYLVE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided February 2, 1998.


Attorney(s) appearing for the Case

William Michelman, Tacoma, Washington, for the defendant-appellant.

Barbara Sievers, Special Assistant United States Attorney, Seattle, Washington, for the plaintiff-appellee.

Before: WRIGHT, BOOCHEVER, and TROTT, Circuit Judges.


BOOCHEVER, Circuit Judge:

Appellant Isadore Sylve was arrested within a federal enclave in the State of Washington for driving under the influence of alcohol. Sylve moved for "deferred prosecution," a rehabilitation program available under Washington law which resembles pre-conviction probation. The federal magistrate denied Sylve's motion in the belief that the program is not "punishment" and thus not assimilated into federal law through the Assimilative Crimes Act...

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