What is the outrageous government conduct defense?

The defense of outrageous government conduct is not often successfully invoked. United States v. Ryan, 548 F.2d 782 (9th Cir.1976) cert. denied, 430 U.S. 965 (1977) (the defense of outrageous government conduct is applicable "only when the government's conduct is so grossly shocking and outrageous as to violate the universal sense of justice.") Such misconduct is not limited to cases where law enforcement conduct involves extreme physical or mental brutality, but also extends to those situations where the crime is manufactured by the government. United States v. Bogart, 783 F.2d 1428, 1436-1438 (9th Cir.1986) (recognizing standing to contest defendant's conviction of conspiracy to possess cocaine with intent to distribute on the grounds of outrageous government conduct because government planted informant and engineered an unlawful cocaine transaction). The focus of this defense is not on the state of mind of the defendant, but on the conduct of the government agents.

Page 431