What is the test for dismissing an information based on outrageous government conduct?

The district court may dismiss an information based on outrageous government conduct if the conduct amounts to a due process violation. United States v. Barrera-Moreno, 951 F.2d 1089, 1091 (9th Cir.1991). "If the conduct does not rise to the level of a due process violation, the court may nonetheless dismiss [an information] under its supervisory powers." Id. The court may exercise its supervisory powers "to remedy a constitutional or statutory violation; to protect judicial integrity by ensuring that a conviction rests on appropriate considerations ...; or to deter future illegal conduct." Id.; see also United States v. Hasting, 461 U.S. 499, 505, 103 S.Ct. 1974, 1978, 76 L.Ed.2d 96 (1983);

Page 1254