United States v. Joachim Benz

D.W. NELSON, Senior Circuit Judge.

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…