United States v. Joachim Benz

Good Law
472 F.3d 657·2006 WL 3803153·2006 U.S. App. LEXIS 31921
United States Court of Appeals for the Ninth CircuitDecember 28, 200606-10167California1,802 words

Opinion

Opinion

Nelson, J.

Joachim Benz (“Benz”) appeals his guilty plea conviction and the sentence that was imposed for his driving on a suspended license, in violation of the Assi-milative Crimes Act (“ACA”), 18 U.S.C. § 13 , and section 14601 of the California Vehicle Code. Benz argues that the district court erred in: (1) rejecting his contention that California’s provision on work furlough, section 4024 of the California Penal Code, was assimilated under the ACA and therefore the court had discretion to impose an alternative sentence from the mandatory minimum ten-day prison term required under § 14601.2; and (2) affirming the magistrate judge’s sentence despite his failure to inform Benz of the mandatory minimum, in violation of Federal Rule of Criminal Procedure ll(b)(l)(I). We hold that the district court correctly determined that the magistrate judge did not have discretion to impose an alternative sentence under the ACA. However, the district court erred in affirming the conviction in light of the violation of Federal Rule of Criminal Procedure ll(b)(l)(I). We therefore reverse the conviction and remand to the district court.

I. FACTUAL AND PROCEDURAL BACKGROUND

In September 2004, the…

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