What is the test for abuse of discretion in the context of a motion to dismiss a motion for improper use of discretion?
MultiRegion, United States of America
The following excerpt is from U.S. v. Hayes, 1996 WL 205482, 83 F.3d 429 (9th Cir. 1996):
We review evidentiary issues for an abuse of discretion. United States v. Palmer, 3 F.3d 300, 304 (9th Cir.1993), cert. denied, 114 S.Ct. 1120 (1994). However, absent a contemporaneous objection, we review for plain error. Id.
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