The following excerpt is from U.S. v. Plesinski, 912 F.2d 1033 (9th Cir. 1990):
We review de novo the district court's refusal to dismiss the indictment for prosecutorial misconduct. United States v. Spillone, 879 F.2d 514, 520 (9th Cir.1989). 3 The district court's refusal to disqualify the prosecutor is reviewed for abuse of discretion. See United States v. Bolton, 905 F.2d 319, 321 (10th Cir.1990).
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