Does the third standard of review apply when a motion is brought against the Attorney General alleging misconduct?

MultiRegion, United States of America

The following excerpt is from U.S. v. Dominguez, 963 F.2d 380 (9th Cir. 1992):

Walgren, 885 F.2d at 1428 (citing United States v. Kenny, 645 F.2d 1323, 1343 (9th Cir.), cert. denied, 452 U.S. 920 (1981)). However, "the third standard ... does not apply when the motion implicates governmental misconduct." Id.

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