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U.S. v. BENZ

No. 06-10167.

472 F.3d 657 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Joachim BENZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed December 28, 2006.

Attorney(s) appearing for the Case

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.

Samantha Spangler, Assistant United States Attorney, Sacramento, California, for the appellee.

Before MYRON H. BRIGHT, DOROTHY W. NELSON, and MARSHA S. BERZON, Circuit Judges.

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 Assimilative 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...

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