The following excerpt is from U.S. v. Zuniga-Rosales, 8 F.3d 33 (9th Cir. 1993):
We review a district court's denial of a motion for mistrial for an abuse of discretion. United States v. Rush, 749 F.2d 1369, 1371 (9th Cir.1984). The standard of review attending a district court's denial of a motion to dismiss based upon the court's supervisory powers is also abuse of discretion. United States v. Jacobs, 855 F.2d 652, 655 (9th Cir.1988). "A district court may dismiss an indictment on the ground of outrageous government conduct if the conduct amounts to a due process violation. If the conduct does not rise to the level of a due process violation, the court may nonetheless dismiss under its supervisory powers." United States v. Barrera-Moreno, 951 F.2d 1089, 1091 (9th Cir.1991).
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