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It's not double jeopardy...

if the criminal proceedings take place in different sovereigns. Both the state and federal government may charge an offender for the same crime if there is a legal basis for doing so. In other words, if his actions constituted a violation of state and federal law then they are both free to prosecute. Military servicemembers are subject to the Uniform Code of Military Justice (UCMJ), which is federal law, at all times and in all places.

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