The following excerpt is from U.S. v. Medina-Villa, 567 F.3d 507 (9th Cir. 2009):
We review de novo the district court's denial of a motion to dismiss the indictment for failure to retain a witness, and we review the district court's underlying findings of fact for clear error. United States v. Pena-Gutierrez, 222 F.3d 1080, 1085 n. 1 (9th Cir.2000).
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