Can a federal district court dismiss an indictment under its supervisory powers?

461 U.S. 499, 505 (1983) (citations omitted). However, because dismissing an indictment encroaches on the prosecutor's charging authority, this sanction may be permitted only "in cases of flagrant prosecutorial misconduct." Chapman, 524 F.3d at 1085. A district court may dismiss an indictment under its supervisory powers only when the defendant suffers "substantial prejudice," and where "no lesser remedial action is available." Id. at 1087 (internal citations omitted); United States v. Struckman, 611 F.3d 560, 575 (9th Cir. 2010)

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(defendant must demonstrate prejudice in order for the court to dismiss an indictment under its supervisory powers).