What are the legal conclusions of the 9th Circuit when a motion to dismiss is denied on the basis of outrageous government conduct?
MultiRegion, United States of America
The following excerpt is from U.S. v. Lions, 15 F.3d 1093 (9th Cir. 1994):
Lions appeals the district court's denial of his motion to dismiss on the basis of outrageous government conduct. We review the district court's legal conclusions de novo. United States v. Smith, 924 F.2d 889, 897 (9th Cir.1991). Where the district court's holding is based upon specific factual findings, it is reviewed for clear error. United States v. Emmert, 829 F.2d 805, 810-11 (9th Cir.1987). 3
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