Judge John Keenan
At separate conferences before the same court Tien pleaded guilty to a 2009 indictment for bribing an immigration agency employee to grant lawful permanent resident status to an alien, and a 2010 indictment for furnishing a forged passport. Reviewing the bribery case plea for harmless error, and that in the forgery case for plain error, Second Circuit vacated—and remanded—both convictions. Tien's guilty pleas violated Federal Rule of Criminal Procedure 11. As to the bribery case, certain medications apparently affected Tien's ability to "hear and think" such that absent an on-the-record statement from Tien that he understood the proceedings, district court should not have continued with his plea. Nor did the record show that Tien's interpreter helped him to understand the proceedings or the consequences of his plea. Citing United States v. Rosillo, the circuit observed that upon learning that Tien was on medication, district court should inquire into those drugs and their effects. On the forgery case, the court did not ascertain if Tien was still taking his medicine, ask Tien about their effects, and inquire into his state of mind. Thus, Tien lacked the opportunity to express confusion or show an inability to render a knowing, voluntary plea.
