Sullivan

discussion of uncharged and unproven offenses. See United States v. Streich, 560

F.3d 926, 930 (9th Cir. 2009) (holding that it was not a breach when the

government based its sentencing recommendation on uncharged conduct, despite a

provision in the plea agreement stating that the government would not prosecute

the defendant for additional offenses). Indeed, other portions of the plea agreement

explained that several issues were unresolved and would be discussed at

sentencing.

Further, the district court properly considered the type of material that the

government discussed at sentencing. See 18 U.S.C. § 3661 (“No limitation shall be

3 placed on the information concerning the background, character, and conduct of a

person convicted of an offense which a court of the United States may receive and

consider for the purpose of imposing an appropriate sentence.”); United States v.

Christensen, 732 F.3d 1094, 1104 n.2 (9th Cir. 2013) (“[A] sentencing court may

rely on any evidence relating to a defendant’s background, character, and conduct

when considering the sentencing factors found in 18 U.S.C. § 3553(a).”).

3. “We have never definitively articulated the standard…