The following excerpt is from U.S. v. Navarrete, 95 F.3d 1159 (9th Cir. 1996):
Navarrete must demonstrate misconduct by a preponderance of the evidence. United States v. Lord, 711 F.2d 887, 891 n. 3 (1983). We review for clear error the district court's finding that there was no misconduct or intimidation. United States v. Baker, 10 F.3d 1374, 1415 (9th Cir.1993).
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