Craig Desalvo had been charged under California law with unlawfully growing marijuana for personal use

Question

When the California state superior court jury had been empanelled and sworn, at the appropriate time after the prosecution had presented all of its witnesses, Craig Desalvo's attorney offered in evidence a prescription for medical marijuana and a certificate that Craig had recently obtained that permitted him to grow medical marijuana for a glaucoma condition concerning his eyes. The California state judge dismissed the charges and Craig Desalvo was free to go. A federal prosecutor obtained an indictment covering the same marijuana growing charge. If Craig Desalvo requested that the federal prosecution be dismissed since it covered the same acts which were covered in the federal acquittal, Craig Desalvo
A) will lose since jeopardy had never attached in the California state trial due to the fact that the case did not proceed to a conclusion with a jury verdict.
B) should be able to get the federal judge to dismiss the case since federal double jeopardy protection will require that the federal criminal case be dismissed due to Craig Desalvo's prior jeopardy in the state criminal case.
C) will lose his motion to have the prosecution dismissed since the double jeopardy provision does not protect him under these circumstances.
D) will win his motion to have the federal charged dismissed since the federal charges covered the exact same crime for which Craig Desalvo had once been in jeopardy in the state case.
E) none of the above is a correct response.

Answer 1

C