United States of America, Plaintiff-appellee, v. Jose Luis Solano, Defendant-appellant, 962 F.2d 15 (9th Cir. 1992)

MEMORANDUM^** 

Jose Luis Solano appeals his conviction and sentence following a jury trial for conspiracy to possess cocaine with intent to distribute in violation of 21 U.S.C. § 846, possession of cocaine with intent to distribute in violation of 21 U.S.C. § 841(a) (1), conspiracy to launder money in violation of 18 U.S.C. § 371, money laundering in violation of 18 U.S.C. §§ 1956(a) (1) and 2(b), and currency structuring in violation of 31 U.S.C. §§ 5322(b) and 5324(3) and 18 U.S.C. § 2(b). He contends that the decision to prosecute him for federal crimes rather than state crimes violated due process, and the district court therefore erred by refusing to sentence him as if he were in state court.

We recently held that the lack of a neutral written policy governing state authorities' referral of a case for federal prosecution does not violate due process. See United States v. Diaz, No. 91-30165, slip op. 4099, 4107 (9th Cir. April 15, 1992). Accordingly, the indictment was proper.

AFFIRMED.