Birdinground
United States v. Birdinground
Opinion
Lead Opinion
MEMORANDUM **
Clifford G. Birdinground, a member of the Crow Tribe, challenges the district court’s denial of his motion to withdraw his guilty plea to receiving a bribe in violation of 18 U.S.C. § 666 (a)(1)(B). We affirm.
Birdinground makes three arguments on appeal: (1) the district court should have appointed an interpreter at the guilty plea hearing; (2) the district court failed to *807 ensure that Birdinground understood the nature of the bribery charge and in particular the mens rea element of corrupt receipt of fees; and (8) there existed fair and just reasons for the withdrawal of the guilty plea.
28 U.S.C. § 1827 (d)(1) provides that an interpreter is required if the defendant speaks “primarily a language other than the English language,” and his comprehension of either the proceedings or his communication with counsel is inhibited. The use of an interpreter in the courtroom is addressed to the trial court’s discretion and will be reversed only upon a finding of clear error. United States v. Mayans, 17 F.3d 1174, 1179 (9th Cir.1994); United States v. Petrosian, 126 F.3d 1232 , 1234 n. 3 (9th Cir.1997).