Does a motion to dismiss an indictment for failing to provide sufficient notice raise a question of law?
MultiRegion, United States of America
The following excerpt is from U.S. v. Roberts, 363 F.3d 118 (2nd Cir. 2004):
Because a motion to dismiss on grounds that a criminal statute provides insufficient notice raises a question of law, we review the dismissal of the indictment by the district court de novo. United States v. Velastegui, 199 F.3d 590, 593 (2d Cir.1999).
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