The following excerpt is from United States v. Garcia-Andrade, CASE NO. 13-CR-993-IEG (S.D. Cal. 2013):
"An indictment may be dismissed with prejudice under either of two theories: '[First, a] district court may dismiss an indictment on the ground of outrageous government conduct if the conduct amounts to a due process violation. [Second, i]f 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. Chapman, 524 F.3d 1073, 1084 (9th Cir. 2008) (quoting United States v. Barrera-Moreno, 951 F.2d 1089, 1091 (9th Cir. 1991) (citations omitted)).
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