What is the test for dismissal of a criminal charge based on outrageous governmental conduct?
MultiRegion, United States of America
The following excerpt is from U.S.A v. Malachowski, No. 09-5342-cr (2nd Cir. 2011):
of law" that we review de novo. UnitedStates v. Cuervelo, 949 F.2d 559, 567 (2d Cir. 1991). "[T]o obtain dismissal of an indictment based upon a claim of outrageous governmental conduct, a defendant must establish that the government engaged in outrageous behavior in connection with the alleged criminal events and that due process considerations bar the government from prosecuting" him as a result. Id. at 565.
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