I don't see any non-frivolous argument that can be made here. Federal law doesn't preempt state criminal law (you can in fact be tried in both federal and state

I don't see any non-frivolous argument that can be made here. Federal law doesn't preempt state criminal law (you can in fact be tried in both federal and state court for the same offense), and I have a hard time seeing any constitutional claim that can be pressed here (especially one that isn't precluded by defense failing to object).