What is the test for "clear error" in the evidentiary review of a finding by a federal district court?

MultiRegion, United States of America

The following excerpt is from United States v. Pugh, 945 F.3d 9 (2nd Cir. 2019):

"A court abuses its discretion if (1) it relies on an erroneous view of the law, (2) its decision rests on a clearly erroneous finding of fact, or (3) its decisionthough not necessarily the product of a legal error or a clearly erroneous factual findingcannot be located within the range of permissible decisions." United States v. Yannai , 791 F.3d 226, 242 (2d Cir. 2015). A review of the district courts evidentiary rulings is deferential. United States v. Hendricks , 921 F.3d 320, 326 (2d Cir. 2019). Issues of law are reviewed de novo . United States v. Sewell , 252 F.3d 647, 650 (2d Cir. 2001). Questions of fact are reviewed for "clear error," which is "deferential" and "does not entitle [a reviewing court] to overturn a finding simply because [the court is] convinced that [it]

[945 F.3d 18]

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