U.S. v. DUARTE-HIGAREDA

No. 96-50179. D.C. No. CR-91-00408-2-MLH.

113 F.3d 1000 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Sergio DUARTE-HIGAREDA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided May 9, 1997.


Attorney(s) appearing for the Case

Charles E. Duff, Jr., Vista, California, for defendant-appellant.

Bruce R. Castetter and Julia K. Craig, Assistant United States Attorneys, San Diego, California, for plaintiff-appellee.

Before: FLETCHER and PREGERSON, Circuit Judges, and WEXLER, District Judge.


PREGERSON, Circuit Judge:

This case presents the issue of whether a district court must conduct a colloquy with a non-English-speaking defendant to ensure that the defendant's waiver of his Sixth Amendment right to a jury trial is made voluntarily, knowingly, and intelligently. We hold that in these circumstances, a colloquy is required.

FACTS AND PRIOR PROCEEDINGS

On April 26, 1991, a federal grand jury indicted Sergio Duarte-Higareda ("Duarte"...

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