The following excerpt is from U.S. v. Miller, 771 F.2d 1219 (9th Cir. 1985):
The determination whether the grand jury was properly constituted requires an application of a legal standard to the undisputed facts presented in the affidavit filed in support of the motion. This presents us with a mixed question of law and fact which we review de novo. See United States v. McConney, 728 F.2d at 1202-03.
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