What is the test for a motion to dismiss an indictment for failure to state an offense?
MultiRegion, United States of America
The following excerpt is from United States v. Bychak, Case No.: 18-CR-4683-GPC (S.D. Cal. 2021):
On a motion to dismiss an indictment, a court must accept the allegations in the indictment as true and "analyz[e] whether a cognizable offense has been charged." United States v. Boren, 278 F.3d 911, 914 (9th Cir. 2002). "In ruling on a pre-trial motion to dismiss an indictment for failure to state an offense, the district court is bound by the four corners of the indictment." Id.
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