Is a motion to dismiss on double jeopardy grounds reviewed de novo?
MultiRegion, United States of America
The following excerpt is from U.S. v. Gutierrez-Zamarano, 23 F.3d 235 (9th Cir. 1994):
Whether a defendant's double jeopardy rights have been violated is a question of law reviewed de novo. United States v. Horodner, 993 F.2d 191, 193 (9th Cir.1993). The district court's denial of a motion to dismiss on double jeopardy grounds is reviewed de novo. United States v. Lun, 944 F.2d 642, 644 (9th Cir.1991). Factual findings regarding the government's conduct are reviewed for clear error. Id.
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