What is the test for a motion to dismiss an indictment on double jeopardy grounds?

MultiRegion, United States of America

The following excerpt is from U.S. v. Leyland, 277 F.3d 628 (2nd Cir. 2001):

We review de novo the district court's denial of a motion to dismiss an indictment on double jeopardy grounds because it presents a question of law. United States v. Chacko, 169 F.3d 140, 146 (2d Cir. 1999). "We review a district court's denial of a motion to withdraw a guilty plea for abuse of discretion and any findings of fact in connection with that decision for clear error." United States v. Juncal, 245 F.3d 166, 170-1 (2d Cir. 2001).

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