Arista-Barragon

MEMORANDUM **

Defendant Mariano Arista-Barragon appeals his conviction, under 8 U.S.C. *592 § 1326 , for being a deported alien found in the United States. He challenges the district court’s denial of his motion to dismiss the indictment against him on the ground of outrageous government conduct. We affirm.

A. Due Process

The dismissal of an indictment is a drastic and disfavored remedy. See, e.g., United States v. Rogers, 751 F.2d 1074, 1076-78 (9th Cir.1985) (discussing generally the inappropriateness of the remedy and the preferability of suppression as a remedy). The remedy is available when “(1) the government utilizes unwarranted physical or mental coercion to effectuate the crime; or (2) the police completely fabricate the crime solely to secure the defendant’s conviction.” United States v. Emmert, 829 F.2d 805, 811 (9th Cir.1987). We review de novo the district court’s refusal to dismiss an indictment on the ground that outrageous government conduct violated a defendant’s due process rights. Id. at 810-11 .

Defendant does not argue that the government had any involvement whatsoever in the criminal activity that led to his conviction: his conduct of being in the United…