[Tolerance Sucks Rocks]

Unfortunately, the Feds can’t charge him with murder, since double jeopardy would attach via the 14th Amendment’s incorporation clause, IMO.

[Frank Sheed]

How about criminal or involuntary manslaughter, then? Not the same...

[piytar]

Dual sovereigns doctrine. Double jeopardy is not an issue.

[piytar]

Dual sovereigns doctrine. Double jeopardy is not an issue.

[Delta 21]

How about income tax evasion?

[usurper]

Unfortunately, the Feds can’t charge him with murder, since double jeopardy would attach via the 14th Amendment’s incorporation clause, IMO.

Yes but they can charge him with 8 USC 1326, Unlawful reentry after deportation. Its a slam dunk charge because they is no real defense.

There are automatic enhancements tagged on to the sentence based on past immigration violations and criminal history.

Given his past I would guess he would get 4 to 6 years to run consecutively along with his federal weapons charges.

[RKBA Democrat]

Unless Ms. Steinle was a member of a protected class such as politicians or postal workers out delivering mail, or unless the crime was on Federal property, there is no federal murder statute that would apply.

Re entering the US after deportation is a Federal crime as is being an illegal alien in possession of a firearm. So he could be charged with that.

Politics is a scam and we’re suckers for playing.

[MayflowerMadam]

“Feds can’t charge him with murder, since double jeopardy would attach”

Found this online, (assume that “Pennsylvania” could mean any state): “a defendant who has been acquitted of charges in the Pennsylvania courts could be charged with and tried in the federal system despite the fact that the defendant already won the case in Pennsylvania. This is because of the idea that the state and the federal government are ‘dual sovereigns.’ This means that under federal law, both the United States and state government may both prosecute you for a crime without violating the constitutional protection against double jeopardy if your act violated both state laws and federal statute.”

[AuH2ORepublican]

“Unfortunately, the Feds can’t charge him with murder, since double jeopardy would attach via the 14th Amendment’s incorporation clause, IMO.”

---

That is incorrect. While the State of California may not bring murder charges again because jeopardy vested, under the “separate sovereigns” doctrine the U.S. government could do so (as could, in theory, any state other than California, assuming that they had jurisdiction). The real issue is what federal laws the illegal alien violated. It seems to me as if possession of a handgun as an illegal alien is one, and there may be some others, but, with few exceptions, manslaughter and murder are state, not federal, crimes.

[Datom]

How about a hate crime?