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| Grand Jury (Federal) |
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United States v. Hasan,
No. 06-5234 (10th Cir., May 20, 2008) (Published): 1. Grand Jury (Federal); 2. Interpreters: This is an odd case involving the Court Interpreters Act (CIA). Hasan is a Somalian who sought asylum in the United States to escape the civil war in his home country. However, problems with his asylum application came to light and he was investigated, ultimately appearing before a grand jury, but without an interpreter. He was eventually convicted of perjury during the grand jury proceedings (not on the asylum application). The District Court held that he was not entitled to an interpreter either at the grand jury or at his criminal trial; however, the court reversed its ruling on the right to an interpreter at trial. On appeal, Hasan argued that the Indictment must be dismissed because the prosecutor conducting the grand jury proceedings failed to provide an interpreter. HELD: In light of the CIA, "we therefore remand the matter to the district court so that it might ascertain whether the factors that motivated it to reconsider its ruling about the necessity of an interpreter at trial also pertain to the grand jury context."
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