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U.S. v. ALLEN

No. 05-50078.

434 F.3d 1166 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Ted ALLEN, aka; Ted Alan Wachtin, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed January 12, 2006.

Attorney(s) appearing for the Case

Norma A. Aguilar, San Diego, CA, argued the case and was on the briefs for the defendant-appellant.

Michelle P. Jennings, Assistant U.S. Attorney, San Diego, CA, argued the case and was on the briefs; Carol C. Lam, U.S. Attorney, and Roger W. Haines, Jr., Assistant U.S. Attorney, San Diego, CA, were on the briefs for the plaintiff-appellee.

Before: CANBY, FERNANDEZ, and BERZON, Circuit Judges.

BERZON, Circuit Judge:

Ted Allen was sentenced to twelve months imprisonment and three years supervised 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...

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