gurmeet singh dhinsa now

Ins. The district judge determined prior to Hundley's entry of a plea that one of his prior convictions was constitutionally infirm but "declined to make the ruling at that point because he did not want to deny the Government its right to appeal." September 14, 2021 See id. Here we are updating just estimated networth of Gurmeet Singh Dhinsa salary, income and assets. [4], When Dhinsa leased his first gas station in 1984, neighborhood residents were illegally using the lot to park their cars. SC rejects petition challenging demonetisation, says decision-making is not flawed The Supreme Court on Monday upheld the decision of the Central government taken in 2016 to demonetise the currency notes of Rs 500 and Rs 1000 denominations. Because Quinn and Pia frankly stated that they did not rely on the traffic violation as a basis for the July 1 stop, Dhinsa argues that (1) there was no pretext and (2) the only reason for the stop was to investigate Dhinsa's staring, a motive that the district court found insufficient and on which the government no longer relies. He is serving a sentence of life imprisonment without the possibility of release in a federal prison. The district court found that Whren and other "pretext" cases do not apply to Dhinsa's situation because the alleged traffic violation had nothing to do with the detectives' decision to stop Dhinsa and the detectives neither arrested nor ticketed Dhinsa. The district court found that the detectives deliberately lied when they initially testified that Dhinsa's car was only one-half block from the residence of the man he allegedly threatened. In pretrial motions, Dhinsa moved, among other things, to suppress the fruits of both the July 1, 1997, car stop and search and the July 7, 1997, inventory search. Gurmeet Singh Dhinsa's net worth Listen to Gurmeet Singh Bhatha Duha MP3 songs online from the playlist available on Wynk Music or download them to play offline. Tune into Gurmeet Singh Bhatha Duha album and enjoy all the latest songs harmoniously. According to our Database, He has no children. 3731. The Aam Aadmi Social gathering is closing in on a majority within the 117-member Punjab Meeting, with a 52-seat benefit. After checking, Conroy responded that to his knowledge it did not. From Free Law Project, a 501(c)(3) non-profit. It involved murder, bribery, corruption, and intimidation. Global Migration & Education Solutions Adelaide - Ranbir Singh Level 24, Westpac House, 91 King William Street, Adelaide SA 5000 0433 840 304 Email Website 2.81KM. BD. Discover Gurmeet Singh Dhinsas Biography, Age, Height, Physical Stats, Dating/Affairs, Family and career updates. Gerald L. Shargel, New York, N.Y. (Jeffrey Lichtman, Marc Fernich, Seth Ginsberg, on the brief) for Defendant-Appellee. Learn How rich is He in this year and how He spends money? 0. This killing was reported to police by several residents of the neighborhood. "[T]he Fourth Amendment's concern with 'reasonableness' allows certain actions to be taken in certain circumstances, whatever the subjective intent." He was arrested in 1990 on suspicion of kidnapping, robbery, and assault, but served only 90 days by pleading guilty to a weapons charge. This reliance on a quotation of dicta in dicta is misplaced. Dr. Gurmeet Singh is a pediatric neurologist in Saint Clairsville, Ohio and is affiliated with multiple hospitals in the area, including Trinity Health System-Steubenville and Barnesville. We characterized the Section 2255 motion as "a collusive suit, arranged between the sentencing judge and the Government over the defendant's objection." Although the court somewhat reluctantly credited the detectives' testimony that they observed Dhinsa committing a traffic violation on July 1, 1997, it suppressed the fruits of that search because both detectives testified that the traffic violation did not cause them to stop Dhinsa. Second, allowing Dhinsa to question the district court's findings in an interlocutory appeal would undermine a carefully designed statutory scheme. He is a member of famous with the age 60 years old group. Dhinsa's argument relies on our quotation of the following language from United States v. Ferguson, 8 F.3d 385 (6th Cir.1993) (en banc): "We focus on whether this particular officer had probable cause to believe that a traffic offense had occurred, regardless of whether this was the only basis or merely one basis for the stop." The district judge then sentenced Hundley with the enhancement and immediately granted Hundley's oral motion to reduce the sentence. Gurmeet Singh Dhinsa, 243 F.3d 635 (2d Cir. Verma testified that he and Tampellini searched the trunk, glove compartment, console, and passenger area of the Lexus as well as a "stash" or "trap" compartment. When Dhinsa opened the trunk, the police discovered circuit boards for gas pumps. Acting Solicitor General Department Of Justice. At the same time, Dhinsa's car was seized and inventoried. Gurmeet Singh Dhinsa, better known by her family name Gurmeet Singh Dhinsa, is a popular Indian Murderer. Gurmeet Singh Dhinsa (born c. 1962) is an American former gas station magnate, who was convicted of racketeering and multiple murders. Quinn also asked for permission to open the trunk. On May 16, 1997, police surrounded the City Gas headquarters and arrested three employees, including Gurdip. He is not dating anyone. The district court's first ruling suppressed the fruits of a car stop and subsequent search. Knowles has no application to the July 1 stop because (1) an officer cannot make a traffic stop without probable cause or reasonable suspicion to believe the driver committed a traffic violation, see, e.g., Scopo, 19 F.3d at 781; (2) Quinn and Pia had probable cause to make the stop; and (3) the government does not seek to introduce evidence found in searches conducted after the stop. In a slight variation on this contention, Dhinsa suggested at oral argument that a recent Supreme Court decision, Knowles v. Iowa, --- U.S. ----, 119 S.Ct. Mines and Geology Minister Gurmeet Singh Meet Hayer Tuesday said that the government was committed to providing sufficient sand to the people at reasonable rates. 3731). When Quinn opened the trunk, he observed circuit boards for gas pumps. We He was speaking at the meeting of the department, after formally taking charge a few days ago. He arrived with no money, but within a few years, he amassed a criminal gas station empire worth millions of dollars. He was arrested in 1990 on suspicion of kidnapping, robbery, and assault, but served only 90 days by pleading guilty to a weapons charge. On this Wikipedia the language links are at the top of the page across from the article title. Argued: March 7, 2018. 1 . 1769. It now must decide whether Dhinsa should be executed, or sentenced to life without parole, reports Dressed in a dark suit, Dhinsa, 36, remained stoic as he listened to the foreman Whren v. United States, 517 U.S. 806, 814, 116 S.Ct. 10.49 % Invest Now. As business improved, Dhinsa's holding company, Citygas Gasoline Corp "City Gas" opened more stations in New York, New Jersey, and Pennsylvania. This result clearly would violate the government's right to appeal an adverse suppression ruling. Quinn drove past the pick-up location to a phone booth approximately two to two and a half blocks away and parked the unmarked patrol car.1 As Quinn approached the phone booth, he noticed an olive-skinned man in a Lincoln Town Car pull up on the opposite side of the street. at 61. Log In Sign Up. On August 22, 1997, Dhinsa was indicted by a grand jury on 29 counts including racketeering, murder, conspiracy to commit murder, attempted murder, kidnapping, and witness intimidation. Born on 1 January 1962 in India, Gurmeet Singh Dhinsa started his career as Murderer . Gurmeet Singh Dhinsa is an Indian-American Sikh former gas station magnate, who was convicted of racketeering and multiple murders. The government appeals an October 19, 1998, order of the United States District Court for the Eastern District of New York (Edward R. Korman, Judge) granting two suppression motions of defendant Gurmeet Singh Dhinsa. They did not make an inventory list. They did not make an inventory list. He worked as a car-wash attendant until he was able to purchase a filling station of his own. See id. See Margiotta, 646 F.2d at 734. As a reporter, I rely on UniCourt to keep on top of the latest filings and developments on cases involving celebrities and corporations. RETIRE v. Pearson. When was Gurmeet Singh Dhinsa born? Gurmeet Singh Dhinsas income source is mostly from being a successful . Both Quinn and Pia originally testified that the distance between the pick-up location and the phone booth was only half a block, Dhinsa argues that our decision in Scopo requires that the traffic violation at least serve as partial motivation for the stop. Learn How rich is He in this year and how He spends money? In Hundley, we addressed and dismissed the government's appeal from a district court order granting a motion pursuant to 28 U.S.C. Dhinsa, Quinn, and Pia also briefly discussed the possibility of the detectives earning money by picking up receipts for Dhinsa, and Quinn and Dhinsa exchanged pager numbers. When Gurmeet Dhinsa arrived at the scene, he was held for questioning and released. United States v. Whren, 53 F.3d 371, 373 (D.C.Cir.1995), aff'd, 517 U.S. 806, 116 S.Ct. at 59-60. On the other hand, the government will have no right to appeal Dhinsa's acquittal on certain counts, see United States v. Scott, 437 U.S. 82, 91, 98 S. Ct. 2187, 57 L. Ed. Because the detectives had objective cause to stop the car, we conclude that their subjective motivation was irrelevant and that the stop was constitutionally permissible. at 60 (internal quotation marks omitted). Alternatively, Dhinsa argues that the district court was wrong on the facts because there was no credible basis for its finding that the officers witnessed a traffic violation. DISTRIBUTED for Conference of February 25, 2005. Cresswell v. Prudential-Bache Securities, Inc. WF Magann Corp. v. Diamond Mfg. Benchmarks . In an attempt to corner the local market on gas stations, Dhinsa defrauded customers, evaded taxes, committed at least two murders, and is believed to have ordered eight others. Dhinsa contends that the Supreme Court held as it did in Whren because it is difficult as a practical matter to discern an officer's subjective intent or identify what a reasonable officer would do. Co. of America, Interstate Properties v. Pyramid Co. of Utica, United States Bankruptcy Appellate Panel for the Ninth Circuit, BD. Evidence of gas pump tampering, including Department of Consumer Affairs metal seals and inspection stickers, was found during the search. Id. Judge Korman suggested that the unusual complexity and anticipated length of Dhinsa's capital trial justified holding for Dhinsa despite findings of fact and law that favored the government. Filed: 2001-03-21 Precedential Status: Precedential Citations: 243 F.3d 635 Docket: 2000 Gurmeet Singh Dhinsa is an American former gas station magnate, who was convicted of racketeering and multiple murders. 171 F.3d 721, Docket Number: Id. On May 16, 1997, police surrounded the City Gas headquarters and arrested three employees, including Gurdip. at 819, 116 S. Ct. 1769. Whren, 517 U.S. at 815, 116 S. Ct. 1769. On July 1, 1997, police were called by a man who claimed Dhinsa had threatened him and his family. This ruling causes us to revisit the familiar issue of whether a law enforcement officer's subjective intentions can vitiate otherwise existing probable cause to stop a motor vehicle. Merrill Lynch Commodities v. Richal Shipping Corp. Laterza v. American Broadcasting Co., Inc. General Ins. He is from India. After we issued our order reversing the suppression order, Dhinsa's trial proceeded in district court. See Whren, 517 U.S. at 814, 116 S.Ct. In fact, if we lacked jurisdiction we would have to dismiss the appeal and leave intact the district court's ruling even though the ruling was inconsistent with the court's findings of fact and law. Group v. Fed. [5], In July 1995, Dhinsa ordered associates to kidnap an employee he suspected of stealing. In an attempt to corner the local market on gas stations, Dhinsa defrauded customers, evaded taxes, committed at least two murders, and is believed to have ordered eight others. This appellate scheme protects the defendant against violation of his rights under the Double Jeopardy Clause, see id., and guarantees him a right of appeal from a final judgment while allowing the government to obtain interlocutory review of suppression orders, see 18 U.S.C. How to say Gurmeet Singh Dhinsa in English? Dhinsa's characterization of the Whren rationale conflicts with the holding in Whren. 1769; see also United States v. Scopo, 19 F.3d 777, 782-83 (2d Cir.1994). Play. Background Dhinsa was born a Sikh in Punjab and emigrated to the Bronx in 1982. The district court's first ruling suppressed the fruits of a car stop and subsequent search. Dhinsa, Quinn, and Pia also briefly discussed the possibility of the detectives earning money by picking up receipts for Dhinsa, and Quinn and Dhinsa exchanged pager numbers. Finally, one place to get all the court documents we need. In a previously issued order, we reversed the rulings, and we now explain the bases for those reversals. If you do not agree with these terms, then do not use our website and/or services. city 15148.5 . United States Court of Appeals,Second Circuit. Gurmeet Singh Dhinsa's phone number, Brooklyn, NY address and more on Whitepages, the most trusted online directory with contact information for over 90% of US adults. 2 Gurmeet Singh wiki profile will be updated soon as we collect Gurmeet Singh Dhinsas Height, weight, Body Measurements, Eye Color, Hair Color, Shoe & Dress size soon as possible. He is from India. Dhinsa was born a Sikh in Punjab, India, and expatriated to the Bronx in 1982. In an attempt to corner the local market on gas stations, Dhinsa defrauded customers, evaded taxes, committed at least two murders, and is believed to have ordered eight others. Rail Corp. Woods v. STATE OF MO. 3731. at 61. Petitioner, Gurmeet Singh Dhinsa, was convicted of numerous offenses following a jury trial that involved approximately 100 witnesses and lasted nearly four months. Gurmeet was born in Chandigarh on February 21st 1984. He was arrested in 1990 on suspicion of kidnapping, robbery, and assault, but served only 90 days by pleading guilty to a weapons charge. at 486-87. A fair reading of Whren and other car stop cases leads to the conclusion that an observed traffic violation legitimates a stop even if the detectives do not rely on the traffic violation.2 First, the Supreme Court did not premise its holding in Whren on a finding that a traffic violation even partially motivated the searching officers. 3731. The government charged that Dhinsa, who owned gas stations throughout the New York City area, and members of a criminal enterprise that Dhinsa directed rigged gasoline pumps so that customers were charged for more gasoline than they actually received. LABOR EXECUTIVES'ASS'N v. Consol. When Dhinsa leased his first gas station in 1984, neighborhood residents were illegally and forcibly using the lot to park their cars. The two detectives' supervisor, Sergeant Michael Conroy, had instructed Quinn and Pia to pick up this individual and his family and take them to a safe location. Find something interesting to watch in seconds. (Response due February 28, 2005). at 813, 815-19, 116 S.Ct. Later that day, investigators stopped Dhinsa and searched the car he was driving. This evidence, along with other evidence obtained from Dhinsa's car, was suppressed during pretrial motions due to doubts of, "Rags-to-riches Sikh businessman charged with murder". Financial Group v. Smr Enterprises, Flight Intern. Gurmeet Singh Dhinsa (born c. 1962) is an Indian-American Sikh former gas station magnate, who was convicted of racketeering and multiple murders. This result clearly would violate the government's right to appeal an adverse suppression ruling. All Rights Reserved. He is a current Indian record holder in the 20km race walk, which he set in the Indian Grand Prix I in Patiala in May 2011. The government argues that we should summarily reverse the district court and thereby place Dhinsa in the same position that he would have been if the district court issued a ruling based on its findings. When Quinn opened the trunk, he observed circuit boards for gas pumps. at 59. Quinn then made a u-turn, and the driver of the Lincoln pulled away from the curb. Pia also noticed the driver staring at him and at the patrol car. UniCourt uses cookies to improve your online experience, for more information please see our Privacy Policy. Career Shortly after the quoted language, we announced our holding that "where the arresting officer had probable cause to believe that a traffic violation occurred or was occurring in the officer's presence[ ] and was authorized by law to effect a custodial arrest for the particular offence, the resulting arrest will not violate the fourth amendment." The government also urges that we summarily reverse the suppression order without regard to its merits because the district court made a ruling inconsistent with its findings for the sole purpose of creating a right of appellate review that would not otherwise exist. 2d 347 (1996); Scott v. United States, 436 U.S. 128, 138, 98 S. Ct. 1717, 56 L. Ed. Marion Holeman and Wallace Holeman, Administratrixes of the Estate of Darrel Holeman (2005), Noting that, in course of legal stop, the officer "took [defendant's] car keys [and] opened the passenger-side front door" MEMORANDUM & ORDER 12-cv-4176 (ERK) KORMAN, J.: Petitioner, Gurmeet Singh Dhinsa, was convicted of numerous offenses following a jury trial that involved approximately 100 witnesses and lasted nearly four months. The government argues that the district court erred on the merits by suppressing the results of the July 7 search of Dhinsa's car because it was a lawful inventory search. The government appeals an October 19, 1998, order of the United States District Court for the Eastern District of New York (Edward R. Korman, Judge ) granting two suppression motions of defendant Gurmeet Singh Dhinsa. Id. Argued Dec. 10, 1998.Decided Dec. 22, 1998.Opinion Decided March 26, 1999. Although the prosecution sought the death penalty, the jury turned down the request and Dhinsa was sentenced to life imprisonment without the possibility of parole. However, the facts in this case differ somewhat from the usual scenario in that the detectives who stopped Dhinsa observed him commit a traffic violation before the stop but testified that the violation played no role in their decision to stop the car. at 59. We see no clear error in this factual finding. Had the district court, consistent with its findings, denied Dhinsa's request for suppression of the fruits of the July 7 search, Dhinsa would have had no right to take an immediate cross-appeal. However, both officers testified that the traffic violation played no role in their decision to make the stop and they did not intend to ticket the driver. Although the court somewhat reluctantly credited the detectives' testimony that they observed Dhinsa committing a traffic violation on July 1, 1997, it suppressed the fruits of that search because both detectives testified that the traffic violation did not cause them to stop Dhinsa. Cases involving other matters not classified elsewhere, 890, 1890, 1990, 2890, 2899, 2999, 3375, 3890, 3896, 3899, 3999, 4890, 4896, 4999, Gurmeet Singh Dhinsa, Petitioner v. United States. Gurmeet Singhs income mostly comes from and basic source is being a successful Indian Murderer. While we sympathize with the district court's institutional concerns, we do not approve its solution of entering an order inconsistent with its findings. After we issued our order reversing the suppression order, Dhinsa's trial proceeded in district court. 3731). See id. With regard to the July 7, 1997, search, the court held that the seizure of the car itself was "entirely reasonable" but that the detectives initially did not have probable cause to search the Lexus for evidence of the murder. 2d 288 (1984), by summarily reversing the district court's order because it directly contradicts its findings of fact and conclusions of law. Dhinsa's argument relies on our quotation of the following language from United States v. Ferguson, 8 F.3d 385 (6th Cir.1993) (en banc): "We focus on whether this particular officer had probable cause to believe that a traffic offense had occurred, regardless of whether this was the only basis or merely one basis for the stop." He is a member of famous with the age 59 years old group. Therefore, we dismissed the government's appeal, holding that "if the Government could not have appealed directly from a sentence originally imposed without enhancement, it cannot acquire such a right by the contrivance of a staged plea and sentence followed by a pre-determined collateral attack." Gurmeet Choudhary was born on 1984-02-22. 2d 168 (1978). Reserve Bk. Bank & Trust v. Hamilton Industries. However, shortly before the detectives reached the pick-up location, Pia received a coded message on his pager instructing him to cancel the pick-up and call Conroy. Read the Court's full decision on FindLaw. The second ruling we address occurred in an unusual procedural context. EDWARD KORMAN: The whole thing was shocking. 219, 151 L.Ed.2d 156 (2001). In making this argument, the government principally relies on United States v. Hundley, 858 F.2d 58 (2d Cir.1988). Consequently, Quinn asked Conroy if the Lincoln had anything to do with the investigation. At its height, City Gas had 51 locations and 300 employees, with annual revenues of $100 million. And Bernis L. Thurmon, Etc. (emphasis removed). Cancellation and Refund Policy, Privacy Policy, and The district court did not create a right of appeal that the government otherwise would not possess because the government can appeal a pretrial suppression order. 1717. After conducting hearings, the district court granted both motions. Whren, 517 U.S. at 815, 116 S.Ct. Docket No. As he expanded his business, Dhinsa modified gas pumps, evaded taxes on gasoline bought in bulk, and kept his employees silent with death threats. United States Court of Appeals,Second Circuit. The two detectives' supervisor, Sergeant Michael Conroy, had instructed Quinn and Pia to pick up this individual and his family and take them to a safe location. Case opinion for US 2nd Circuit DHINSA v. KRUEGER FCI. convicted Gurmeet Singh Dhinsa, from Punjab region of India, in a federal court in the New York court of Brooklyn after deliberating two-and-a-half days. Verma, however, believed that he also could look for items of investigatory or evidentiary value. In a previously issued order, we reversed the rulings, and we now explain the bases for those reversals. Before: WINTER, Chief Judge, JACOBS and POOLER, Circuit Judges. His net worth has been growing significantly in 2021-2022. The 1 January 1962-born Murderer expert is arguably the worlds most influential Gurmeet Singh Dhinsa is expert, with a wide-ranging social media outreach. The government also urges that we summarily reverse the suppression order without regard to its merits because the district court made a ruling inconsistent with its findings for the sole purpose of creating a right of appellate review that would not otherwise exist. 05:02. Quinn then closed the trunk and returned the contents of the glove box to Dhinsa. Police discovered that Dhinsa's brother Gurdip, who had fled to India to avoid prosecution for a 1991 murder, was back in the U.S. and was working at City Gas. The government argues that the district court erred on the merits by suppressing the results of the July 7 search of Dhinsa's car because it was a lawful inventory search. On July 1, 1997, Detectives Brian Quinn and Louis Pia of the Queens homicide squad of the New York City Police Department went to the Queens neighborhood of an individual who allegedly had received death threats from Dhinsa. The story of the police investigation and prosecution of Dhinsa is the subject of an episode of The FBI Files entitled "Deadly Business" (Season 3, Episode 9). 2001) Court of Appeals for the Second Circuit Filed: March 21st, 2001 Precedential Status: Precedential Citations: 243 F.3d 635 Docket Number: 19-1143 243 F.3d 635 (2nd Cir. Id. We decline Dhinsa's invitation. Although Dhinsa was released, a task force was formed to look into his operation, including the investigation of several disappearances and unsolved homicides. The two detectives followed the Lincoln for about two blocks and observed its driver change lanes without signaling. Market Watch. Pia also noticed the driver staring at him and at the patrol car. Second, allowing Dhinsa to question the district court's findings in an interlocutory appeal would undermine a carefully designed statutory scheme. "[T]he Fourth Amendment's concern with 'reasonableness' allows certain actions to be taken in certain circumstances, whatever the subjective intent." In a previously issued order, we reversed the rulings, and we now explain the bases for those reversals. Dating & Relationship status Stream ad-free with Amazon Music Unlimited on mobile, desktop, and tablet. United States v. Gurmeet Singh Dhinsa, 243 F.3d 635, 2d Cir. Judge Korman made findings supporting admission of the fruits of a purported inventory search of Dhinsa's car. CourtListener is sponsored by the non-profit Free Law Project. The second ruling we address occurred in an unusual procedural context. We therefore summarily reverse the order. Gurmeet Singh (Gurmeet) Dhindsa Mobile 61 450 492 911 Email gurmeetdhindsa@avanteimmigration.com Website www.avanteimmigration.com Licence Status CURRENT Additional licence status details A licensed immigration adviser with a current licence is permitted to provide immigration advice in line with the code of conduct Licences are valid for one year. Whren v. United States Certiorari to the United States Court Court of Appeals for the Eleventh Circuit. Gurmeet is sponsored by the Mittal Champions Tru In Knowles, the Supreme Court considered whether officers who had probable cause to arrest an individual for a traffic violation but instead issued a citation could conduct a search of the individual's car without probable cause. The government concedes, and we agree, that Dhinsa may raise the admission of the fruits of the July 7 search in a post-trial appeal. He worked as a car-wash attendant until he was able to purchase a filling station of his own. However, Dhinsa will be able to appeal the adverse suppression ruling if it is relevant to any appeal he may take from his conviction. Because Quinn and Pia frankly stated that they did not rely on the traffic violation as a basis for the July 1 stop, Dhinsa argues that (1) there was no pretext and (2) the only reason for the stop was to investigate Dhinsa's staring, a motive that the district court found insufficient and on which the government no longer relies. Next, Quinn took Dhinsa's car keys, opened the passenger-side front door and the glove box, and examined a packet containing the registration and other papers. 2d 65 (1978), and thus only can challenge the suppression ruling in an interlocutory appeal. DocketDISTRIBUTED for Conference of February 25, 2005. Although the Supreme Court previously had held that an officer can conduct a search incident-to-arrest without probable cause, it determined that an officer who issues a citation for a traffic violation cannot conduct a search without probable cause even if the officer could have arrested the driver for the traffic violation. Harjot Singh Bains was divested of charges after sand prices skyrocketed and Hayer [] Although the prosecution sought the death penalty, the jury turned down the request and Dhinsa was sentenced to life imprisonment without the possibility of parole. He has also served as an associate dean (Research, Internationalization and Postgraduate Affairs) in the Faculty of Business and Economics at the University of the South Pacific from 2009 to 2017. With regard to the July 7, 1997, search, the court held that the seizure of the car itself was "entirely reasonable" but that the detectives initially did not have probable cause to search the Lexus for evidence of the murder. See 18 U.S.C. In reviewing a suppression order, we reverse the district court's factual findings only for clear error but review its legal conclusions de novo.

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