What is the legal basis for a district court's dismissal of a motion to dismiss an indictment?
MultiRegion, United States of America
The following excerpt is from U.S. v. Enciso-Montero, 931 F.2d 61 (9th Cir. 1991):
While we review a district court's factual findings for clear error, United States v. McConney, 728 F.2d 1195, 1202 (9th Cir.) (en banc), cert. denied, 469 U.S. 824 (1984), the legal basis for the district court's dismissal of a motion to dismiss an indictment is reviewed de novo. United States v. Gatto, 763 F.2d 1040 (9th Cir.1985).
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