What is the test for a motion to dismiss a criminal charge?

MultiRegion, United States of America

The following excerpt is from U.S. v. Fiander, 547 F.3d 1036 (9th Cir. 2008):

The district court's decision to dismiss the indictment is reviewed de novo. United States v. Jackson, 480 F.3d 1014, 1016 (9th Cir.2007). "`Generally, an indictment is sufficient if it sets forth the elements of the charged offense so as to ensure the right of the defendant not to be placed in double jeopardy and to be informed of the offense charged.'" United States v. Fernandez, 388 F.3d 1199, 1217-18 (9th Cir.2004) (quoting United States v. Rodriguez, 360 F.3d 949, 958 (9th Cir. 2004)), modified by 425 F.3d 1248 (9th Cir.2005).

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