How have federal courts dealt with a motion to dismiss for abuse of discretion?
MultiRegion, United States of America
The following excerpt is from U.S. v. Suchecki, 995 F.2d 234 (9th Cir. 1993):
We review a district court's discovery rulings for abuse of discretion. United States v. Mandel, 914 F.2d 1215, 1219 (9th Cir.1990). We similarly review the denial of a motion to dismiss for pre-indictment delay for abuse of discretion. United States v. Sherlock, 962 F.2d 1349, 1354 (9th Cir.), cert. denied, 113 S.Ct. 419 (1992).
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