What is the outrageous conduct defense?

We have since explained that a claim of outrageous conduct differs from the defense of entrapment in that entrapment focuses on the intent or predisposition of the defendant, while outrageous conduct focuses on the actions of the government. Restrepo, 930 F.2d at 712. But the two concepts are not entirely unrelated; as we noted in United States v. Bogart, 783 F.2d 1428, 1436 (9th Cir.1986), the outrageous conduct defense has succeeded only when "the government essentially manufactured the crime."

We will dismiss an indictment for violation of a defendant's due process rights only when the government's conduct is "so grossly shocking and so outrageous as to violate the universal sense of justice. The Government's involvement must be malum in se or amount to the engineering and direction of the criminal enterprise from start to finish. The police conduct must be repugnant to the American system of justice." United States v. Smith, 924 F.2d 889, 897 (9th Cir.1991) (internal citations and quotations omitted).