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States decision to be a factor in how the federal prosecutors decided to handle this case. its not a determinative factor, its one of many factors, richard pointed out, the question here, once we have all of the facts is whether this was prosecutorial discretion, evidentiary issues that would have put verdict at risk or prosecutorial misconduct, two very different things. arthel: misty, wasnt that so-called jail times 3 months with conditions that he could have a pass to go to work. >> yes. arth...