203 See, e.g., Wayte, 470 U.S. at 607; United States v. Goodwin, 457 U.S. 368, 380 n.11 (1982); Bordenkircher, 434 U.S. at 364; Imbler, 424 U.S. 409. 204 The discretionary authority under USAM § 9-27.240 to defer prosecution in favor of another jurisdiction is distinct from the P

607-08. Because the passive enforcement policy was not intended to have a discriminatory effect, the claim of selective prosecution failed. In Imbler v. Pachtman, 424 U.S. 409 (1976), the Supreme Court considered whether a state prosecutor acting within the scope of his duties could be sued under