Does a motion to dismiss an indictment for outrageous government conduct need to be reviewed de novo?

MultiRegion, United States of America

The following excerpt is from U.S. v. Lopez-Alvarez, 990 F.2d 1263 (9th Cir. 1993):

A. Both defendants argue the district court erred in denying their motion to dismiss the indictment for outrageous government conduct. Because the defendants argued the indictments should be dismissed as a matter of due process as well as under the court's supervisory power, we review de novo. See United States v. Barrera-Moreno, 951 F.2d 1089, 1091 (9th Cir.1991), cert. denied, 113 S.Ct. 417 (1992), and 113 S.Ct. 985 (1993). Findings of fact underlying the dismissal, however, are reviewed only for clear error. Id.

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