Charlesworth

MEMORANDUM **

Appellant Richard Charlesworth pled guilty pursuant to a plea agreement to the manufacture of counterfeit currency. He contends the government breached the plea agreement by arguing at sentencing that more than $800,000 in counterfeit currency was attributable to him, that the district court sentenced him based upon an unreliable Secret Service report and that there was insufficient evidence to adjust his sentence upward by 11 points for manufacturing over $800,000 in currency.

The Court reviews alleged violations of a plea agreement de novo. United States v. Camarillo-Tello, 236 F.3d 1024, 1026 (9th Cir.2001). “Plea agreements are contracts, and the government is held to the literal terms of the agreement.” Id. (quoting United States v. Johnson, 187 F.3d 1129, 1134 (9th Cir.1999)). If “a term of a plea agreement is not clear on its face, we look to the facts of the case to determine what the parties reasonably understood to be the terms of the agreement. If, after we have examined the extrinsic evidence, we still find ambiguity regarding what the parties reasonably understood to be the terms of the agreement, then the government ‘ordinarily must bear…