subject to the proviso, however, that the said laws and regulations must not nullify these rights.” Convention, art. 36(2). Despite the importance of the Vienna Convention, and its status as the supreme law of the land, law enforcement officials continue to overlook the rights Article 36(l)(b) establishes for foreign nationals who are “arrested, in prison, custody, or detention.” Convention, art. 36(l)(b). By failing to complain of these violations at trial, however, most individual defendants have “failed to exercise [their] rights under the Vienna Convention in conformity with the laws of the United States.” Breard v. Greene, 523 U.S. 371, 118 S.Ct. 1352, 1355, 140 L.Ed.2d 529 (1998). As a result, violations of the Convention have often gone judicially unredressed. See, e.g., id. (<HOLDING>); Villafuerte v. Stewart, 142 F.3d 1124, 1125
holding that an argument not raised before the district court is procedurally defaulted holding that we cannot avoid ruling on a claim a petitioner has procedurally defaulted if the government has waived the procedural default defense for that claim holding that a defendant who is seeking to excuse a procedurally defaulted claim of structural error need not establish actual prejudice holding that court may address procedurally defaulted claim on the merits where it is more efficient to do so holding that the convention claim was procedurally defaulted