· 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 CourtListenerSourced 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.