UNITED STATES of America, Plaintiff-Appellee, v. Isadore M. SYLVE, Defendant-Appellant

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, 18 U.S.C. § 13. Sylve appeals the district court’s order affirming the magistrate’s decision.

I. Facts and Procedural History

Sylve…