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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