Sam Becenti Chee v. United States

Petitioner Chee, a Navajo Indian, appeals from the dismissal without a hearing of his motion for vacation of sentence under 28 U.S.C. § 2255 . Petitioner asserted three grounds for relief: (1) that he was denied the effective assistance of counsel because an interpreter, used at trial to translate Petitioner’s testimony from Navajo to English, was a “servant” of the government; (2) that the indictment was “duplicitous; ” and (3) that Indians were systematically excluded from the grand and petit jury rolls.

First: The District Court correctly rejected Petitioner’s claim that he was denied the effective assistance of counsel. Petitioner does not allege any specific instances of prejudice resulting from the interpreter’s alleged relationship with the government, and the record reveals none. The trial court has broad discretion in determining the fitness and qualifications of interpreters, and “exercise of that discretion will not be disturbed on review in the absence of some evidence from which prejudice can be inferred.” Lujan v. United States, 209 F.2d 190,192 (10th Cir. 1953).

Second: The District Court correctly held that the indictment charging Petitioner was not duplicitous.…