What is the test for dismissing an indictment for preindictment delay?
MultiRegion, United States of America
The following excerpt is from U.S. v. Burns, 78 F.3d 595 (9th Cir. 1996):
We review a district court's decision to dismiss an indictment for preindictment delay for abuse of discretion. United States v. Huntley, 976 F.2d 1287, 1289 (9th Cir.1992). A finding of prejudice is reviewed under the clearly erroneous standard, but this court "must keep the defendant's heavy burden in mind." Id.
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