What is the test for a motion to require the election of a count for abuse of power?
MultiRegion, United States of America
The following excerpt is from U.S. v. Kennedy, 726 F.2d 546 (9th Cir. 1984):
We review the denial of a motion to require an election of counts for abuse of discretion. United States v. Wasserteil, 641 F.2d 704, 709 (9th Cir.1981). There is "no bright line ... dividing charges comprising a single offense from those comprising separate and distinct offenses." United States v. UCO Oil Co., 546 F.2d 833, 835 (9th Cir.1976), cert. denied, 430 U.S. 966, 97 S.Ct. 1646, 52 L.Ed.2d 357 (1977) (footnote omitted).
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