United States v. Ted Allen, AKA Ted Alan Wachtin

Ted Allen was sentenced to twelve months imprisonment and three years su•pervised release after a plea of guilty for counterfeiting. At the sentencing hearing, the district court applied an enhancement not addressed in the plea agreement. Because the district court did not make the proper findings in considering the enhancement, we reverse and remand to provide it the opportunity to do so. We also conclude that the government did not breach the plea agreement by presenting a witness at the sentencing hearing as requested by the district court and questioning him. We therefore affirm the district court’s decision in that respect.

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…