Groene

facts, we do not recount them here. We have jurisdiction to review Groene’s

sentence pursuant to 18 U.S.C. § 3742(a). United States v. Farias-Contreras, 104

F.4th 22, 27 (9th Cir. 2024) (en banc). Where, as here, defense counsel has raised

a timely objection, we review de novo the defendant’s claim that the government

has breached its plea agreement. See id. We affirm.

The government did not implicitly breach the plea agreement by mentioning

“aggravating factors” during its allocution before the sentencing judge.1 Following

Farias-Contreras, we assess implicit breach by first looking to the plain language

of the plea agreement. Id. at 30. The agreement here permitted the government

“to allocute fully at sentencing regarding any sentencing recommendation,” and to

rely on facts known to the court or contained in the presentence report. The same

allocution clause of the agreement also specified that any information the

government submitted be “in support of its recommendation.” Groene takes the

1 The government stated, “There are some aggravating factors, Your Honor, that I must mention to the Court because this process is important for the victims and the Government.…