When reviewing a denial of a motion to dismiss on double jeopardy grounds before trial, does this court review the error made in the denial?
MultiRegion, United States of America
The following excerpt is from United States v. Lopez–Avila, 12 Cal. Daily Op. Serv. 1873, 2012 Daily Journal D.A.R. 1999, 678 F.3d 955 (9th Cir. 2012):
When reviewing a denial of a motion to dismiss on double jeopardy grounds before trial, this court review[s] de novo legal questions but review[s] factual findings, including those on which denial may be based, for clear error. United States v. Ziskin, 360 F.3d 934, 943 (9th Cir.2003).
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