What is the test for substantial government interference with a defense witness?

"Whether substantial government interference with a defense witness occurred is a factual determination" to be reviewed under the clearly erroneous standard. United States v. Little, 753 F.2d 1420, 1439 (9th Cir.1985).

The district court ruled, during an evidentiary hearing on the matter, that there was prosecutorial misconduct. The court found it appalling that a prosecutor would conduct a conversation with a defendant whom he was prosecuting and held that anything more than a hello was wholly inappropriate. We agree. The government should not directly contact a defendant after an indictment has been filed, except in very limited situations. United States v. Beasley, 550 F.2d 261, 266 (5th Cir.), cert. denied, 434 U.S. 863, 98 S.Ct. 195, 54 L.Ed.2d 138 (1977).