What is the test for dismissing an indictment for prosecutorial misconduct?

"An indictment may be dismissed for prosecutorial misconduct only upon a showing of 'flagrant error' that significantly infringes on the ability of the grand jury to exercise independent judgment and actually prejudices the defendant." United States v. Larrazolo, 869 F.2d 1354, 1357 (9th Cir.1989). In United States v. Howard, 867 F.2d 548, 550 (9th Cir.1989), this court distinguished between "mere[ ] ... errors in the grand jury charging process" and "issues of fundamental fairness that implicate substantial rights protected by the due process clause...." The power to dismiss an indictment on the basis of the former type of error derives from the federal courts' supervisory powers, and an indictment may be dismissed only in the face of actual prejudice, consistent with

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