Skip to main content
· 9/16/1993

United States v. Rafael Santana and Francis Fuentes

Citations

  • 6 F.3d 1
  • 1993 U.S. App. LEXIS 23810
  • 1993 WL 345746

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • explaining that “federal courts [must] refrain from using [their] supervisory power to conform executive conduct to judicially preferred norms by dismissing charges, absent cognizable prejudice”
  • stating that Archer is “an outrageous misconduct case” decided on other grounds, and declining to follow Archer’s dicta regarding government misconduct
  • stating that the “outrageous misconduct” doctrine is “moribund” and that “in practice, courts have rejected its application with almost monotonous regularity”
  • explaining that \[t]he calculus [for determining the legitimacy of a claim of outrageous government misconduct] must be rooted in the record\
  • stating that the two versions of the outrageous misconduct theory are extreme abuse of the defendant and over involvement of law enforcement personnel in the criminal conduct
  • explaining that federal courts ordinarily should “refrain from using the supervisory power to conform executive conduct to judicially preferred norms by dismissing charges, absent cognizable prejudice to a particular defendant”

Source: CourtListener parenthetical corpus (CC0).

Judges: Selya, Cyr, Boudin

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.