United States Ninth Circuit

A conviction for driving on a suspended license is reversed where: 1) although the district court correctly determined that a magistrate judge did not have discretion to impose an alternative sentence under the Assimilative Crimes Act (ACA); 2) it plainly erred in affirming the magistrate judge-s sentence despite his failure to inform defendant of the applicable mandatory minimum, in violation of Federal Rule of Criminal Procedure 11(b)(1)(I).

Appellate Information

• Argued 12/07/2006
• Decided 12/28/2006
• Published 12/28/2006

Judges

• D.W. NELSON, Senior Circuit Judge., Before MYRON H. BRIGHT,DOROTHY W. NELSON, and MARSHA S. BERZON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Ann McClintock, Assistant Federal Defender, Sacramento, CA, for the appellant., Livia Morales, Staff Attorney, Federal Defenders, Sacramento, CA, for the appellant., Linette K. Davis, Law Clerk, Federal Defenders, Sacramento, CA, for the appellant.


• For Appellees:
  
• Samantha Spangler, Assistant United States Attorney, Sacramento, California, for the appellee.