United States v. Salvador Desantiago-Martinez

995 F.2d 233 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Salvador DeSANTIAGO-MARTINEZ, Defendant-Appellant. No. 92-50345. United States Court of Appeals, Ninth Circuit. Submitted May 7, 1993. * Decided June 3, 1993. Before KOZINSKI, SUHRHEINRICH ** and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 The waiver provision in the plea agreement is far from a model of clarity, and if read literally, supports defendant's interpretation that he waived only those sentencing issues under 19 U.S.C. § 3342 (a) not listed in paragraphs 11(a) through (f) of the plea agreement. Cf. United States v. Bolinger, 940 F.2d 478, 479 (9th Cir.1991) (waiver found where plea agreement expressly stated that the defendant "hereby waives any right to raise and/or appeal any and all ... objections which defendant has asserted or could assert"). 1 The government must bear the brunt of this ambiguity. United States v. Anderson, 970 F.2d 602, 607…