The following excerpt is from U.S. v. Pate, 15 F.3d 1093 (9th Cir. 1994):
Claims of prosecutorial misconduct in the grand jury are mixed questions of law and fact reviewed de novo. United States v. Spillone, 879 F.2d 514, 520 (9th Cir.1989), cert. denied, 498 U.S. 878 (1990).
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