United States v. Wick Helmandollar

Wick Helmandollar appeals his conviction, pursuant to a conditional plea of guilty, for possession of $3,700,000 in counterfeit government currency in violation of 18 U.S.C. § 472 . Helmandollar contends the district court erred in denying his motion to enforce the terms of an alleged plea agreement entered into by himself and agents of the Secret Service. We affirm.

I

On February 20, 1987, a federal grand jury returned a three-count indictment against Helmandollar and his co-defendant Harold Cecil Cooper for conspiracy, transfer and possession of counterfeit currency. At his arraignment on March 2, 1987 Hel-mandollar entered a plea of not guilty. He subsequently, on March 20, 1987, filed a motion to change his plea to guilty and to enforce the terms of the alleged post-arrest, pre-arraignment plea agreement. Helmandollar’s motion asserted that after his arrest, agents of the Secret Service promised him a non-custodial, probationary sentence (“time not counts”) in exchange for his cooperation with respect to the extent of the counterfeiting operation.

On April 7, 1987, the district court held a hearing to accept Helmandollar’s guilty plea and to determine what, if any plea…