Allen
United States v. Allen
Opinion
Opinion
I. Background
On September 9, 2004, Ted Allen pleaded guilty to charges that he “knowingly bought, sold, exchanged, transferred, received or delivered a false, forged, or altered obligation or other security of the United States; to wit: counterfeit $100 Federal Reserve Notes; and did so with the intent that the obligation be passed, published, or used as true and genuine.” The plea agreement stated that on or about May 25, 2004, Allen sold fourteen counterfeit $100 bills to an individual who knew that they were counterfeit. There was no charge in the superseding information to which Allen pleaded guilty alleging that Allen had manufactured any of the fourteen counterfeit $100 bills or possessed any counterfeiting devices or materials used in connection with them, nor did the plea agreement address any such allegations.
The plea agreement stated that the parties would “jointly recommend” the following guideline calculations:
1. Base Offense Level [USSG § 2B5.1]
2. Increase because Defendant possessed +2 or controlled counterfeiting paper similar to a distinctive paper
3. Acceptance of Responsibility [§ 3E1.1] -