Should the Ninth Circuit have vacated Mr. Rios's guilty plea for lack of a knowing and voluntary waiver of his constitutional rights

Questions Presented Should the Ninth Circuit have vacated Mr. Rios’s guilty plea for lack of a knowing and voluntary waiver of his constitutional rights, for these reasons, individually or in combination: 1. Mr. Rios is a native Chamarro speaker, with limited English proficiency, who did not receive the assistance of a Chamarro interpreter when he agreed to enter his plea agreement or when he entered his guilty plea in court. 2. Mr. Rios was not advised, either in his plea agreement or during his plea colloquy, that drug type and quantity was an element that the prosecution would have to prove to the jury, if the case went to trial. 3. Mr. Rios’s counsel, who was not long after deemed a ward of the court and incompetent to handle his own affairs, conceded he did not provide Mr. Rios discovery, did not ensure the presence of an interpreter, did not ensure that the plea agreement contained the proper elements, told Mr. Rios how to answer the court’s question so the guilty plea would go through, and overall did not provide competent representation. iii Statement of