What is the standard of review for a finding that Pugh was not a government agent at the suppression hearing?
MultiRegion, United States of America
The following excerpt is from U.S. v. Snowadzki, 723 F.2d 1427 (9th Cir. 1984):
The court's findings of fact at the suppression hearing are reviewed by the "clearly erroneous" standard. United States v. Walther, 652 F.2d 788, 791 (9th Cir.1981). The standard of review for the court's ultimate finding that Pugh did not act as a government agent is less clear. Id.; United States v. Miller, 688 F.2d 652, 657 n. 3 (9th Cir.1982). We need not decide which standard applies as the court's conclusion was correct under either clearly erroneous or de novo review.
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