What is the test for dismissing an indictment on the grounds of outrageous Government conduct?

A district court may dismiss an indictment on the ground of outrageous Government conduct if the conduct amounts to a due process violation. United States v. Chapman, 524 F.3d 1073, 1084 (9th Cir. 2008) (internal citation omitted). The Government conduct in securing an indictment must be so "grossly shocking" to due process values and "violate the universal sense of justice" that the indictment must be dismissed. United States v. Holler, 411 F.3d 1061, 1065-66 (9th Cir. 2005) (internal citations omitted). If the conduct does not rise to the level of a due process violation, a district court may still dismiss an indictment under its supervisory powers. Chapman, 524 F.3d at 1084 (internal citation omitted).

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