No. 22-5673

Juan Amaya Lozano v. Fredrick Entzel, Warden

Lower Court: Eighth Circuit
Docketed: 2022-09-26
Status: Denied
Type: IFP
IFP
Tags: abuse-of-discretion criminal-procedure due-process effective-assistance-of-counsel interpreter-rights limited-english-proficiency sentencing sentencing-discretion sixth-amendment
Key Terms:
DueProcess FourthAmendment JusticiabilityDoctri
Latest Conference: 2022-12-02
Question Presented (AI Summary)

Whether the District Court abused its discretion in failing to provide a Spanish interpreter during critical stages of the defendant's defense

Question Presented (OCR Extract)

QUESTIONS PRESENTED: , 1) Whether the District Court abused it's discretion after ruling that Juan Lozano, (a limited English Proficiency defendant), required a Spanish Interpreter. Upon this appointwhent the Court failure to have the Interpreter present during the most critical stages of Lozano defense, such as every court proceeding, every meeting with defense counsel, for review and execution of key documents, namely the PSI, police reports, written waiver of Speedy Trial, and plea agreements. Does this error constitute a violation of Lozano's Sixth Amendment Right to Effectiwe Assistance of Counsel? . . 2) Whether the District Court abused it's discretion by imposing a sentence for the Charge of Terrorism, which was not imcluded in . the original charging documents, nor was the defendant indicted for such a charge, and the Court did not prove that the defendant's actions reached the level justifying the crime imposed? : 3)})Whether the sentence rendered, was invalid and illegal because « an Interpreter was not provided to assist the Defendant, despite a standing Court Order for an Interpreter and no waiver of an Interpreter by the défendant, in writing or on the record, and the sentence also being illegal due to impermissible consideration of improper information, requiring vacation of the sentence and an Order for re~sentencing. | | | |

Docket Entries

2022-12-05
Petition DENIED.
2022-11-10
DISTRIBUTED for Conference of 12/2/2022.
2022-09-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 26, 2022)

Attorneys

Juan Lozano
Juan Amaya Lozano — Petitioner