14601 of the California Vehicle Code during the plea colloquy as required under Federal Rule of Criminal Procedure 11. Before a court can accept a guilty plea, Rule 11 mandates that the court “address the defendant personally in open court” and “inform the defendant of, and determine that the defendant understands,” inter alia, “any mandatory minimum penalty.” Fed. R. Crim. P. 11(b)(1)(I). The record shows, and the government acknowledges, that the magistrate judge did not advise Benz of the mandatory minimum jail term during the plea colloquy prior to its acceptance of the plea. The government also concedes that the magistrate judge committed error that was plain and that the error affected Benz’s substantial rights. See United States v. Adams, 432 F.3d 1092, 1096 (9th Cir.2006) (<HOLDING>) The government only contests whether the error
holding that a guilty plea must be both knowing and voluntary and must be a voluntary and intelligent choice among the alternative courses of action available to a defendant holding that prosecutors comment on defendants failure to testify constituted plain error affecting the defendants substantial rights holding a waiver of a substantial constitutional right must be a voluntary knowing and intelligent act holding that under the sixth amendment a criminal defendant may waive his right to counsel if that waiver is knowing intelligent and voluntary holding that the courts failure to advise the defendant of a mandatory minimum fine amounted to plain error affecting the defendants substantial rights to enter a knowing voluntary and intelligent plea