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

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”) and three co-defendants for conspiracy to possess methamphetamine in violation of 21 U.S.C. §§ 841(a)(1) and 846, and possession of methamphetamine…