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

MultiRegion, United States of America

The following excerpt is from U.S. v. Ahluwalia, 30 F.3d 1143 (9th Cir. 1994):

"for a due process dismissal, the Government's conduct must be so grossly shocking and so outrageous as to violate the universal sense of justice." United States v. Smith, 924 F.2d 889, 897 (9th Cir.1991). "This defense is similar to that of entrapment and may be applied where involvement by undercover police officers or informers in contraband offenses is so extensive that due process prevents the conviction of even a predisposed defendant." United States v. Citro, 842 F.2d 1149, 1152-53 (9th Cir.), cert. denied, 488 U.S. 866, 109 S.Ct. 170, 102 L.Ed.2d 140 (1988). However, "[t]he Government's involvement must be malum in se or amount to the engineering and direction of the criminal enterprise from start to finish." Smith, 924 F.2d at 897.

This is "an extremely high standard." Id. Only once have we ordered dismissal of an indictment on account of outrageous government conduct, Greene v. United States, 454 F.2d 783 (9th Cir.1971).

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