What is the standard of review for a motion to dismiss on double jeopardy grounds?

MultiRegion, United States of America

The following excerpt is from U.S. v. Ziskin, 360 F.3d 934 (9th Cir. 2003):

We must first clear the decks and determine the proper standard of review. The standard of review we must apply is the subject of some disagreement between the parties. Ultimately, however, the standard of review is readily apparent: We review the district court's denial of the motion to dismiss, a legal question, de novo, but we must accept the district court's factual findings unless they are clearly erroneous. United States v. Lun, 944 F.2d 642, 644 (9th Cir.1991) ("A district court's denial of a motion to dismiss on double jeopardy grounds is generally reviewed de novo. ... However, factual findings concerning governmental conduct, upon which the denial is based, are reviewed for `clear error.'") (citations omitted).

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