In reviewing a denial of a motion to dismiss an indictment, what are the findings of fact and conclusions of law de novo?

MultiRegion, United States of America

The following excerpt is from United States v. Sanchez, 972 F.3d 156 (2nd Cir. 2020):

In reviewing the denial of a motion to dismiss an indictment, we review the district court's findings of fact for clear error and its conclusions of law de novo. United States v. Bout , 731 F.3d 233, 238 (2d Cir. 2013). Where, as here, defendants challenge convictions based on unconditional guilty pleas, we understand them to have "admit[ted] all of the elements" of their claims and to have "waive[d] all challenges to the prosecution except those going to the court's jurisdiction." United States v. Yousef , 750 F.3d 254, 258 (2d Cir. 2014) (internal quotation marks omitted).

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