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KyJim, the prosecution of Horiuchi was permitted to proceed. The en banc decision of the 9th Circuit in Idaho v. Horiuchi,98-30149, decided and published on June 5, 2001 ...
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Al, I obviously was not aware of that and it is an important point. Thanks. I just recalled it being eventually dismissed and that's all Wikipedia says about it. Still, it would present another hurdle to a state prosecution and I remain decidedly pessimistic.