The following excerpt is from U.S. v. Gildardo G, 983 F.2d 1078 (9th Cir. 1993):
Outrageous conduct by federal agents may justify the dismissal of criminal charges against a defendant when the conduct " 'is so grossly shocking and so outrageous as to violate the universal sense of justice.' " United States v. Pemberton, 853 F.2d 730, 735 (9th Cir.1988) (citations omitted). This court has stated that the "[g]overnment's involvement must be malum in se or amount to the engineering and direction of the criminal enterprise from start to finish." Smith, 924 F.2d at 897. "In short, a defendant must meet an extremely high standard." Id.
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