What is the standard of review for determining whether a statute or regulation is unconstitutionally vague?
MultiRegion, United States of America
The following excerpt is from U.S. v. Helmy, 951 F.2d 988 (9th Cir. 1992):
"Whether a statute or regulation is unconstitutionally vague is a question of law and the standard of review is de novo." United States v. Clark, 912 F.2d 1087, 1088 (9th Cir.1990), cert. denied, --- U.S. ----, 111 S.Ct. 705, 112 L.Ed.2d 695 (1991) (citing United States v. Hutson, 843 F.2d 1232, 1234 (9th Cir.1988)).
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