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

MultiRegion, United States of America

The following excerpt is from United States v. Zemlyansky, 908 F.3d 1 (2nd Cir. 2018):

3 We review de novo a district courts decision on double jeopardy. United States v. Olmeda , 461 F.3d 271, 278 (2d Cir. 2006) (rulings on motions to dismiss indictment on double jeopardy grounds reviewed de novo ). We review for abuse of discretion a district courts denial of a motion for a mistrial, its evidentiary rulings, and its ruling on reopening proceedings. United States v. Deandrade , 600 F.3d 115, 118 (2d Cir. 2010) (motion for mistrial); United States v. Yannotti , 541 F.3d 112, 120 (2d Cir. 2008) (evidentiary rulings); United States v. Matsushita , 794 F.2d 46, 52 (2d Cir. 1986) (reopening proceedings).

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