Is a motion to dismiss on double jeopardy grounds de novo valid?
MultiRegion, United States of America
The following excerpt is from U.S. v. Benson, 9 F.3d 1554 (9th Cir. 1993):
We review a district court's denial of a motion to dismiss on double jeopardy grounds de novo. United States v. Lun, 944 F.2d 642, 644 (9th Cir.1991). "However, factual findings concerning governmental conduct, upon which the denial is based, are reviewed for 'clear error.' " Id.
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