How is a motion to dismiss for failure to retain witnesses reviewed de novo?
MultiRegion, United States of America
The following excerpt is from U.S. v. Gastelum-Almeida, 298 F.3d 1167 (9th Cir. 2002):
The denial of a motion to dismiss for failure to retain witnesses is reviewed de novo. See United States v. Pena-Gutierrez, 222 F.3d 1080, 1085 n. 1 (9th Cir.), cert. denied, 531 U.S. 1057, 121 S.Ct. 670, 148 L.Ed.2d 570 (2000). The district court's underlying factual findings are reviewed for clear error. Id.
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