What is the test for a motion to preclude evidence attempting to establish a necessity defense?
MultiRegion, United States of America
The following excerpt is from U.S. v. Aguilar, 883 F.2d 662 (9th Cir. 1989):
Appellants claim that the district court erred in granting the government's motion to preclude evidence attempting to establish a necessity defense. This court reviews de novo a district judge's decision to bar a necessity defense. United States v. Williams, 791 F.2d 1383, 1388 (9th Cir.), cert. denied, 479 U.S. 869, 107 S.Ct. 233, 93 L.Ed.2d 159 (1986).
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