The following excerpt is from U.S.A v. Harvey, D.C. No. 3:07-cr-00103-RRB-1, No. 09-30213 (9th Cir. 2010):
A district court may dismiss an indictment with prejudice if the government engages in conduct that is so outrageous that it amounts to a due-process violation or, in certain circumstances, in the exercise of its supervisory authority. See United States v. Barrera-Moreno, 951 F.2d 1089, 1091 (9th Cir. 1991). We address each theory in turn. We do not describe the challenged conduct, with which the parties are familiar.
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