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U.S. v. BAILON-SANTANA

No. 04-50079.

429 F.3d 1258 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Gilberto BAILON-SANTANA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed December 6, 2005.

Attorney(s) appearing for the Case

Michael Ian Garey, Santa Ana, CA, for the defendant-appellant.

Nancy B. Spiegel, Assistant United States Attorney, Los Angeles, CA; Debra W. Yang, United States Attorney; Wayne R. Gross, Assistant United States Attorney, Chief, Southern Division; John D. Early, Assistant United States Attorney, San Francisco, CA, for the plaintiff-appellee.

Before: CANBY, KOZINSKI and RAWLINSON, Circuit Judges.

KOZINSKI, Circuit Judge:

We consider whether an attorney's representation that he translated a jury waiver form for his non-English speaking client obviates the need for an in-court waiver colloquy.

Facts

Bailon-Santana was charged with conspiracy to distribute and to possess with intent to distribute more than 500 grams of cocaine, and possession with intent to distribute cocaine. See 21 U.S.C. §§ 841(a)(1), 846. The defendant,...

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