What is the standard of review for a motion to dismiss an indictment?
MultiRegion, United States of America
The following excerpt is from U.S. v. Shildmyer, 112 F.3d 518 (9th Cir. 1997):
2 The government points out that "[o]ur cases are divided as to the appropriate standard of review for a district court's denial of an appellant's motion to dismiss an indictment." United States v. Lunstedt, 997 F.2d 665, 667 (9th Cir.1993). However, this conflict has occurred when the motion to dismiss involves the court's supervisory powers, which are not implicated here.
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