The following excerpt is from Weston v. Kernan, 50 F.3d 633 (9th Cir. 1995):
Whether a defendant's right not to be placed in double jeopardy has been violated is reviewed de novo. United States v. Lun, 944 F.2d 642, 644 (9th Cir.1991). Factual findings concerning the conduct of the prosecutor are reviewed for clear error. Id.
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