The following excerpt is from U.S. v. Williams, 443 F.3d 35 (2nd Cir. 2006):
We review the court's balancing of the Rule 32.1 factors for abuse of discretion. See, e.g., United States v. Jones, 299 F.3d at 112. Abuse of discretion encompasses clearly erroneous findings of fact and misapplications of the law.
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