The following excerpt is from U.S. v. Reyes, 577 F.3d 1069 (9th Cir. 2009):
Reyes goes further on appeal and argues that the misconduct was so flagrant that the indictment should be dismissed. See United States v. Chapman, 524 F.3d 1073, 1085-87 (9th Cir.2008) (noting that dismissal of the indictment may be warranted where the prosecutor's actions rise to the level of flagrant prosecutorial misconduct, a defendant suffers substantial prejudice, and no lesser remedial action is
[577 F.3d 1079]
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