If a court finds that a sanction imposed by a district court was an abuse of power, does the court have any authority to determine whether the sanction was abused or abused?
MultiRegion, United States of America
The following excerpt is from Wanderer v. Johnston, 910 F.2d 652 (9th Cir. 1990):
Malone, 833 F.2d at 130 (quoting Thompson v. Housing Authority, 782 F.2d 829, 831 (9th Cir.), cert. denied, 479 U.S. 829, 107 S.Ct. 112, 93 L.Ed.2d 60 (1986)). While a district court need not make explicit findings regarding each of these factors, if it does not, the appellate court must review the record independently to determine whether the sanction was an abuse of discretion. Id.
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