Benz

I. FACTUAL AND PROCEDURAL BACKGROUND

In September 2004, the government charged Benz with driving with a license that was suspended for his having pre- viously driven under the influence, in violation of section 14601.2(a) of the California Vehicle Code, and driving with an invalid drivers license, in violation of section 12500(a) of the California Vehicle Code. The charges stemmed from a traffic stop that occurred at Beale Air Force Base. Appearing before the magistrate judge, Benz pled not guilty to the charge. Benz later changed his plea to guilty on count one, driving with a suspended license, without accepting the gov- ernment’s plea offer. During the plea colloquy, the magistrate judge presiding over the matter did not inform Benz of the mandatory minimum penalty under § 14601.2. The magistrate then proceeded to sentencing.

At sentencing, Benz contended that under the Assimilative Crimes Act, 18 U.S.C. § 13, the court could impose an alter- native punishment to the mandatory minimum required under § 14601.2. Benz did not specify what type of alternative pun- 20034 UNITED STATES v. BENZ ishment the court had discretion to impose. The magistrate determined…