The following excerpt is from U.S. v. Cunningham, 985 F.2d 575 (9th Cir. 1993):
Since remand is not necessary, we must determine whether the district court's ruling on the suppression motion was correct. The ultimate conclusion of the legality of the search is a mixed question of law and fact reviewed de novo. United States v. Thomas, 863 F.2d 622, 625 (9th Cir.1988). The underlying facts as found by the district court are reviewed for clear error. Id.
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