At page 470 Determining constitutional right to interpreter for impaired defendants35 citing casesnoting that "a defendant whose fluency in'English is so impaired that it interferes with his right to confrontation or his capacity, as a witness, to understand or respond to questions has a constitutional right to an interpreter
- Cifuentes-Lopez, No. 5:23-cv-00684 (W.D. Okla. July 21, 2026).The federal courts have recognized that “the general standard for the adequate translation of trial proceedings requires continuous word for word translation of everything relating to the trial a defendant conversant in English would be pr…
- United States v. Kevin Sandoval, 154 F.4th 186 (4th Cir. 2025).unpublishedAlthough this Court has not written extensively on this issue, the Eleventh Circuit recognized, citing other courts, that “the general standard for the adequate translation of trial proceedings requires continuous word for word translation…
- United States v. Roberto Cruz Moreno, No. 23-4361 (4th Cir. Oct. 8, 2025).unpublishedAlthough this Court has not written extensively on this issue, the Eleventh Circuit recognized, citing other courts, that “the general standard for the adequate translation of trial proceedings requires continuous word for word translation…
- United States v. Jose Rosales Juarez, No. 23-4362 (4th Cir. Oct. 8, 2025).unpublishedAlthough this Court has not written extensively on this issue, the Eleventh Circuit recognized, citing other courts, that “the general standard for the adequate translation of trial proceedings requires continuous word for word translation…
- Commonwealth v. Shabgua Zhang, No. 2022-SCC-0004-CRM (Sept. 29, 2023).publishedIndeed, even Mosquera itself acknowledges that the trial court decides “the extent and nature of translation services needed by the defendant.” 816 F. Supp. at 174 (citing United States v. Lim, 794 F.2d 469, 470 (9th Cir. 1986)). ¶ 27 Zhan…
- State v. Oscar R. Juracan-Juracan, 299 A.3d 805 (N.J. 2023).published Negron v. New York, 434 F.2d 386, 387-89 (2d Cir. 1970); United States v. Carrion, 488 F.2d 12, 14 (1st Cir. 1973); United States v. Gallegos-Torres, 841 F.2d 240, 242 (8th Cir. 1988); United States v. Lim, 794 F.2d 469, 470 (9th Cir. 1986…
- Ex parte Garcia, 486 S.W.3d 565 (Tex. Crim. App. 2016).published(noting that "a defendant whose fluency in'English is so impaired that it interferes with his right to confrontation or his capacity, as a witness, to understand or respond to questions has a constitutional right to an i…)
- United States v. Adalberto Murguia-Rodriguez, 815 F.3d 566 (9th Cir. 2016).published See, e.g., Si, 333 F.3d at 1043 n. 4 & 1044; Mayans, 17 F.3d at 1179-81; United States v. Lim, 794 F.2d 469, 470 (9th Cir.1986).
- State of New Hampshire v. Thomas Jur, 94 A.3d 283 (N.H. 2014).publishedAt the opposite end of the spectrum, and notwithstanding that the United States Supreme Court has not specifically weighed in on the issue, 6 it seems equally clear that “a defendant whose fluency in English is so impaired that it interfer…
- Garcia, Irving Magana, 429 S.W.3d 604 (Tex. Crim. App. 2014).published (noting that “a defendant whose fluency in English is so impaired that it interferes with his right to confrontation or his capacity, as a witness, to understand or respond to questions has a constitutional right to an i…)
Show 23 more citing cases
- Cockrell, Darrell Lynn, 424 S.W.3d 543 (Tex. Crim. App. 2014).published (noting that "a defendant whose fluency in English is so impaired that it interferes with his right to confrontation or his capacity, as a witness, to understand or respond to questions has a constitutional right to an i…)
- United States v. Montes-Andino, 108 F. App'x 436 (9th Cir. 2004).unpublishedUnited States v. Long, 301 F.3d 1095, 1105 (9th Cir.2002) (per curiam) (citing United States v. Lim, 794 F.2d 469, 470-71 (9th Cir.1986)).
- United States v. Way Quoe Long, 301 F.3d 1095 (9th Cir. 2002).published United States v. Lim, 794 F.2d 469, 470-71 (9th Cir.1986).
- United States v. Minore, 40 F. App'x 536 (9th Cir. 2002).unpublished The requirements of the Act are satisfied in a criminal case “if an interpreter is by the defendant’s side continuously interpreting the proceedings.” United States v. Jong Moon Lim, 794 F.2d 469, 470 (9th Cir.1986) (internal quotations an…
- Kim Long Ko v. United States, 722 A.2d 830 (D.C. 1998).publishedAccordingly, “a defendant whose fluency in English is so impaired that it interferes with his right to confrontation or his capacity, as a witness, to understand or respond to questions has a constitutional right to an interpreter.” United…
- Gonzalez v. United States, 697 A.2d 819 (D.C. 1997).publishedSee, e.g., United States v. Mayans, 17 F.3d 1174, 1180-1181 (9th Cir.1994); United States v. Huang, 960 F.2d 1128, 1135 (2d Cir.1992); Un ited States v. Joshi, 896 F.2d 1303, 1309 (11th Cir.), cert. denied, 498 U.S. 986 , 111 S.Ct. 523 , 1…
- Kim Long Ko v. United States, 694 A.2d 73 (D.C. 1997).published (Citations omitted.) Accordingly, “a defendant whose fluency is so impaired that it interferes with his right to confrontation or his capacity, as a witness, to understand or respond to questions has a constitutional right to an interprete…
- United States v. Eleno Torres, 47 F.3d 1172 (6th Cir. 1995).unpublishedRather, where continuous interpretation has not been provided, "a reviewing court must determine 'whether the purposes of the Act were adequately met.' " Id. (quoting United States v. Lim, 794 F.2d 469, 470 (9th Cir.), cert. denied, 479 U.…
- Edward William Meaders v. Midge Carroll, 8 F.3d 28 (9th Cir. 1993).unpublishedUnited States v. Lim, 794 F.2d 469, 470 (9th Cir.1984), cert. denied, 479 U.S. 937 (1986).
- United States v. Ou Sin Saephanh, 990 F.2d 1265 (9th Cir. 1993).unpublishedSee Fed.R.Crim.P. 52(b); United States v. Bustillo, 789 F.2d 1364, 1367 (9th Cir.1986). 4 A defendant who relies principally on a language other than English has a statutory right under the Court Interpreters Act to a court-appointed inter…
- United States v. Mosquera, 816 F. Supp. 168 (E.D.N.Y. 1993).publishedUnited States v. Lim, 794 F.2d 469, 470 (9th Cir.), cert. denied sub nom., Ahn v. United States, 479 U.S. 937 , 107 S.Ct. 416 , 93 L.Ed.2d 367 (1986). “[P]roper handling of translation hinges on a variety of factors, including ... the comp…
- Hector Castellon v. Harol Whitley Attorney Gen. for the State of Nevada, 976 F.2d 736 (9th Cir. 1992).unpublishedNorris v. Risley, 878 F.2d 1178, 1180 (9th Cir.1989). 4 A criminal defendant has a constitutional right to an interpreter when his "fluency in English is so impaired that it interferes with his right to confrontation or his capacity, as a…
- People of the Territory of Guam v. Reynaldo P. Nuguid, 959 F.2d 241 (9th Cir. 1992).unpublishedThere was no abuse of discretion and certainly no plain error on the part of the district court in the implicit finding that a translator was not necessary. 24 AFFIRMED. * The Honorable John Minor Wisdom, Senior United States Circuit Judge…
- United States v. Alicio M. Sanchez (89-2432) & Reinaldo Cubilla (89-2433), 928 F.2d 1450 (6th Cir. 1991).published Valladares v. United States, 871 F.2d 1564, 1566 (11th Cir.1989) (citing United States v. Lim, 794 F.2d 469, 470 (9th Cir.1986)).
- Nelson Valladares v. United States, 871 F.2d 1564 (11th Cir. 1989).publishedRather, where continuous translation may not have been provided, the reviewing court must determine “whether the purposes of the Act were adequately met.” United States v. Lim, 794 F.2d 469, 470 (9th Cir.1986).
- United States v. Tony Si, 333 F.3d 1041 (9th Cir. 2003).published See United States v. Lim, 794 F.2d 469, 470 (9th Cir.1986) (citing cases). 3 Our circuit holds that a constitutional right to an interpreter exists in certain situations.
- Miguel Angel Gonzalez v. United States, 33 F.3d 1047 (9th Cir. 1994).published See United States v. Lim, 794 F.2d 469, 471 (9th Cir.), cert. denied, 479 U.S. 937 , 107 S.Ct. 416 , 93 L.Ed.2d 367 (1986); see also United States v. Sanchez, 928 F.2d 1450, 1455 (6th Cir.1991) ("Our inquiry as to a district court's decisi…
- United States v. Pablo Mayans, 17 F.3d 1174 (9th Cir. 1994).published (acknowledging that several circuits have held that a defendant whose fluency in English is so severely *1181 impaired that it interferes with his right to confrontation has a constitutional right to an interpreter)
- United States v. Onofrio Catalano, 974 F.2d 1343 (9th Cir. 1992).unpublishedSee United States v. Lim, 794 F.2d 469, 470-71 (9th Cir.), cert. denied, 479 U.S. 937 (1986). 9 In the case at hand, the court record is replete with instances where Catalano communicated extensively and exclusively in English.
- United States v. Kishor Joshi, 896 F.2d 1303 (11th Cir. 1990).published See United States v. Lim, 794 F.2d 469, 470 (9th Cir.), cert. denied, 479 U.S. 937 , 107 S.Ct. 416 , 93 L.Ed.2d 367 (1986); Tapia, 631 F.2d at 1209 ; United States v. Diaz Berrios, 441 F.2d 1125, 1127 (2d Cir.1971); House Report, supra, at…
- Fede v. Redington, No. 2:19-cv-00029 (E.D. Mo. Mar. 9, 2021).Courts have generally held there is “no constitutional ‘right’ to flawless, word for word 3 Joshi, 896 F.2d 1303, 1309 (11th Cir. 1990)); see also Nguyen v. Booker, 496 Fed. App’x 502, 506 (6th Cir. 2012) (collecting cases suggesting const…
- Resto v. Joseph, No. 9:18-cv-00335 (N.D.N.Y. June 12, 2020).(holding that “a defendant whose fluency in English is so impaired that it interferes with his right to confrontation or his capacity, as a witness, to understand or respond to questions has a constitutional right to an…)
- Pham v. Beaver, 445 F. Supp. 2d 252 (W.D.N.Y. 2006).published(holding that “a defendant whose fluency in English is so impaired that it interferes with his right to confrontation or his capacity, as a witness, to understand or respond to questions has a constitutional right to an…)
At page 471 Reviewing district court findings on interpreter use18 citing cases“as long as the defendants' ability to understand the proceedings and communicate with counsel is unimpaired, the appropriate use of interpreters in the courtroom is a matter within the discretion of the district court.”
- State v. Aita Gurung, 2025 VT 52, 346 A.3d 459.published([T]he appropriate use of interpreters in the courtroom is a matter within the discretion of the district court.)
- United States v. Xi Andy Lieng, 548 F. App'x 397 (9th Cir. 2013).unpublishedUnited States v. Lim, 794 F.2d 469, 471 (9th Cir.1986).
- State v. Selalla, 2008 S.D. 3, 744 N.W.2d 802.published See id. at 662-63 (citing United States v. Sanchez, 928 F.2d 1450, 1454-56 (6th Cir.1991) (abrogated on other grounds by United States v. Jackson-Randolph, 282 F.3d 369 (6th Cir.2002)) (holding that the CIA authorizes the appointment of on…
- State v. Ramirez-Dominguez, 165 P.3d 391 (Wash. Ct. App. 2007).publishedBut “ ‘[a]s long as the defendant’s ability to understand the proceedings and communicate with counsel is unimpaired, the appropriate use of interpreters in the courtroom is a matter within the discretion of the [trial] court.’ ” Gonzales-…
- United States v. Tony Si, 343 F.3d 1116 (9th Cir. 2003).publishedAlthough we would ordinarily review the district court’s findings for clear error, see United States v. Lim, 794 F.2d 469, 471 (9th Cir.1986), Si neither made any objections to these findings before the district court nor submitted any obj…
- United States v. Dorsey, 16 F. App'x 711 (9th Cir. 2001).unpublishedSee United States v. Mayans, 17 F.3d 1174, 1179 (9th Cir. 1994); United States v. Lim, 794 F.2d 469, 471 (9th Cir.1986).
- United States v. Johnson, Wilton, No. 99-3902 (7th Cir. Apr. 23, 2001).published(finding no error where communication with counsel was by means of notes and during breaks)
- United States v. Wilton Johnson, 248 F.3d 655 (7th Cir. 2001).published(finding no error where communication with counsel was by means of notes and during breaks)
- United States v. Tani Hiroyuki Lee, 967 F.2d 594 (9th Cir. 1992).unpublishedIn United States v. Lim, 794 F.2d 469, 471 (9th Cir.), cert. denied, 479 U.S. 937 (1986), we held that "[a]s long as the defendants' ability to understand the proceedings and communicate with counsel is unimpaired, the appropriate use of i…
- United States v. Yee Soon Shin, 953 F.2d 559 (9th Cir. 1992).publishedUnited States v. Lim, 794 F.2d 469, 471 (9th Cir.), cert. denied, 479 U.S. 937 , 107 S.Ct. 416 , 93 L.Ed.2d 367 (1986); Valladares v. United States, 871 F.2d 1564, 1566 (11th Cir.1989).
Show 8 more citing cases
- Castellon v. Whitley, 739 F. Supp. 526 (D. Nev. 1990).publishedU.S. v. Lim, 794 F.2d 469, 471 (9th Cir.1986).
- Ouanbengboune v. State, 220 P.3d 1122 (Nev. 2009).publishedSee U.S. v. Joshi, 896 F.2d 1303, 1310 (11th Cir. 1990); accord U.S. v. Lim, 794 F.2d 469, 471 (9th Cir. 1986).
- Sanchez v. State, 122 S.W.3d 347 (Tex. App.—Texarkana 2003).publishedSee United States v. Bennett, 848 F.2d 1134, 1141 (11th Cir.1988); United States v. Lim, 794 F.2d 469, 471 (9th Cir.1986); Castellon v. Whitley, 739 F.Supp. 526, 527-28 (D.Nev.1990); Navarro, 365 F.Supp. 676 ; Avila, 797 P.2d at 806 ; Peop…
- Miguel Angel Gonzalez v. United States, 33 F.3d 1047 (9th Cir. 1994).published See United States v. Lim, 794 F.2d 469, 471 (9th Cir.), cert. denied, 479 U.S. 937 , 107 S.Ct. 416 , 93 L.Ed.2d 367 (1986); see also United States v. Sanchez, 928 F.2d 1450, 1455 (6th Cir.1991) ("Our inquiry as to a district court's decisi…
- United States v. Pablo Mayans, 17 F.3d 1174 (9th Cir. 1994).published See Lim, 794 F.2d at 470 (acknowledging that several circuits have held that a defendant whose fluency in English is so severely *1181 impaired that it interferes with his right to confrontation has a constitutional right to an interpreter…
- United States v. Sergio Munoz-Patino, 962 F.2d 15 (9th Cir. 1992).unpublishedSee United States v. Lim, 794 F.2d 469, 471 (CA9) (per curiam), cert. denied, 479 U.S. 937 (1986). 6 AFFIRMED. * The members of the panel unanimously find this case to be appropriate for submission on the briefs per FRAP 34(a) and CA9 Rule…
- United States v. Kishor Joshi, 896 F.2d 1303 (11th Cir. 1990).published See United States v. Lim, 794 F.2d 469, 470 (9th Cir.), cert. denied, 479 U.S. 937 , 107 S.Ct. 416 , 93 L.Ed.2d 367 (1986); Tapia, 631 F.2d at 1209 ; United States v. Diaz Berrios, 441 F.2d 1125, 1127 (2d Cir.1971); House Report, supra, at…
- United States v. Vincent Rios, No. 20-10199 (9th Cir. Mar. 17, 2022).unpublished
At page 469 “a defendant whose fluency in english is so impaired that it interferes with his right to confrontation or his capacity, as a witness, to understand or respond to questions has a constitutional right to an interpreter”0 citing cases
Other citing cases
- People v. Avila, 797 P.2d 804 (Colo. Ct. App. 1990).published
v.
Jong Moon LIM, Dong Joon Ahn, Chul Ko, Defendants-Appellants
Appellants Lim, Ahn, and Ko, appeal their convictions for conspiracy to defraud the United States in violation of 18 U.S.C. § 371 by exporting cartridge casings without complying with applicable government regulations on the export of munitions materials. Lim also appeals his conviction for visa fraud. Appellants were jointly tried, and they raise a number of claims of error in the proceedings.
All three appellants speak Korean. The only claims meriting serious attention are their claims of denial of statutory and constitutional rights to an interpreter.
A criminal defendant who relies principally upon a language other than English has a statutory right to a court-appointed interpreter when his comprehension of the proceedings or ability to communicate with counsel is impaired. 28 U.S.C. § 1827(d)(1). In addition, several circuits have held that a defendant whose fluency in English is so impaired that it interferes with his right to confrontation or his capacity, as a witness, to understand or respond to questions has a constitutional right to an interpreter. United States ex rel. Negron v. New York, 434 F.2d 386, 389 (2d Cir.1970); see United States v. Martinez, 616 F.2d 185, 188 (5th Cir.1980) (per curiam), cert. denied, 450 U.S. 994, 101 S.Ct. 1694, 68 L.Ed.2d 193 (1981); United States v. Carrion, 488 F.2d 12, 14 (1st Cir.1973) (per curiam), cert. denied, 416 U.S. 907, 94 S.Ct. 1613, 40 L.Ed.2d 112 (1974).
The entitlement to interpreters under the statute for all but Ahn is acknowledged in this case. Accordingly, our concerns are with the adequacy of the interpretation furnished. The requirements of the Act are satisfied in a criminal case if an interpreter is by the defendant’s side “continuously interpreting the proceedings.” United States v. Tapia, 631 F.2d 1207, 1209 (5th Cir.1980). Because the defendants may not have received continuous interpretation, we must address whether the purposes of the Act were adequately met.
From the record of the original trial, it was very difficult to determine whether any lack of interpreter’s assistance affected the ability of any of the defendants to understand the proceedings or communicate with counsel. Accordingly, we remanded the matter to the district court for further findings and appropriate further evidentiary proceedings, 767 F.2d 935. Upon our review of the supplemental record, the district court’s supplemental findings and the original record, we affirm the convictions.
The record as augmented upon remand demonstrates conclusively that the defendant Ahn communicated well in English and had no primary reliance on a foreign lan[*471] guage. The district court on remand so found. Ahn has not challenged that finding. Accordingly, the only remaining contentions concerning the lack of an interpreter are those of defendant Lim, in which defendant Ko joins to some extent. The district court found that Lim’s ability to understand the proceedings and to communicate with his counsel were not impaired by the way the interpreters were used at trial. These are factual findings reviewed under the clearly erroneous standard. See United States v. McConney, 728 F.2d 1195, 1200 (9th Cir.) (en banc), cert. denied, — U.S. —, 105 S.Ct. 101, 83 L.Ed.2d 46 (1984).
The finding that Lim’s ability to understand the proceedings was not affected is not clearly erroneous. A court appointed interpreter was present at trial at all times. During most of the periods of the trial when a witness needed assistance from an interpreter, two court appointed interpreters were present: one to interpret the witness’ testimony and the other to assist the defendants Lim and Ko. Defendant Lim also had his own interpreter who was present throughout the trial.
On three occasions the court “borrowed” a court interpreter from the defense table in order to assist a witness. On two of those occasions, however, the second court interpreter was present and able to sit at the defense table with Mr. Lim and Mr. Ko. The district court’s finding that there was no interference with their ability to understand the proceedings or to communicate with counsel is not clearly erroneous. On the third occasion, which occurred during the testimony of Mr. Kun Kim, there was no second court interpreter present at the defense table. However, the court interpreter used a microphone, there was no objection at the time of trial, and no direct evidence was submitted at the supplemental hearing to indicate that there was any particular portion of the original trial that the defendants could not actually understand.
The finding that the defendants’ ability to communicate with counsel was not impaired is also not clearly erroneous. The record reflects that the interpreter sat between defendants Lim and Ko, on one arm of an L-shaped counsel table arrangement. The defense counsel sat on the other arm several feet away. Communication with counsel during trial was by means of notes. The arrangement was chosen by defendants and their counsel, not by the court. Mr. Lim’s own interpreter was used to communicate with counsel during breaks or recesses in the trial.
There was therefore no loss of oral communication between counsel and client during the testimony of Mr. Kun Kim, because counsel and defendants were seated apart and communicated, when they wished to do so, by notes or during recesses. Mr. Lim’s interpreter was present in the courtroom at all times and there is no indication that Lim ever wished to communicate with his counsel during the Kim testimony.
We affirm the district court's findings. As long as the defendants’ ability to understand the proceedings and communicate with counsel is unimpaired, the appropriate use of interpreters in the courtroom is a matter within the discretion of the district court. See United States v. Coronel-Quintana, 752 F.2d 1284, 1291 (8th Cir.1985). The district court did not abuse its discretion in its use of the interpreters in this case.
Lim also suggests that the Court Interpreters Act, 28 U.S.C. § 1827(f)(1) was violated because there was no express waiver of the statutory right to interpretation created by the Act. The waiver provision provides:
Any individual ... who is entitled to interpretation under subsection (d) of this section may waive such interpretation in whole or in part. Such a waiver shall be effective only if approved by the presiding judicial officer and made expressly by such individual on the record after opportunity to consult with counsel and after the presiding judicial officer has explained to such individual, utilizing the services of the most available certified[*472] interpreter, ... the nature and effect of the waiver.
The difficulty with appellants’ position is that there was no need for a waiver, because the proceedings never lacked an interpreter. Not only was at least one court interpreter present during the entire trial, but often two court interpreters were available. Still a third private interpreter hired by the appellant Lina was also present. Under the circumstances of this case, neither due process principles nor statutory safeguards were violated when the court, in the interests of efficiency and fairness, temporarily stationed a court interpreter at the side of the witness rather than at the side of the defendant.
The remainder of the defendants’ contentions may be dealt with summarily. The defendants argue that the court erred in giving an instruction, which they, originally proposed, on the object of the conspiracy. They contend that the government changed its theory during the course of the case, and that therefore the instruction imper-missibly broadened the indictment. The instruction, however, was fully consistent with the government’s theory of the case throughout the trial and consistent with the charges in the indictment.
The district court did not err in refusing to instruct the jury to convict the defendants of conspiracy only if it found that they knowingly disregarded a demilitarization requirement. The court did not instruct the jury on attempting to evade demilitarization requirements, knowingly or unknowingly. It focused solely on defendants’ attempts to evade the export license requirements.
The district court did not abuse its discretion in refusing to admit a federal regulation into evidence. There was also no abuse of discretion in the admission of evidence of Ahn’s flight.
There was no abuse of discretion in admitting into evidence Lim’s visa application. Lim’s counsel stipulated that Lim signed the visa application. The government introduced sufficient evidence to support a finding that the exhibit was authentic. See United States v. Kaiser, 660 F.2d 724, 733 (9th Cir.1981), cert. denied, 455 U.S. 956, 102 S.Ct. 1467, 71 L.Ed.2d 674 (1982). The evidence was sufficient as to all defendants.
Affirmed.