Wing

MEMORANDUM *

Michelle Wing appeals a sentence of six months imprisonment imposed by the district court. We affirm. Because the parties are familiar with the facts and procedural history, we will not recount them here.

I

The primary issue in this appeal is whether the government breached the plea agreement at sentencing by recommending a six month sentence. We analyze whether the government violated the terms of the plea agreement de novo. United States v. Anglin, 215 F.3d 1064, 1067-68 (9th Cir.2000). To the extent that this depends on the district court’s factual determinations, we review the district court’s factual findings for clear error. United States v. Martinez, 143 F.3d 1266, 1271 (9th Cir.1998).

In this case, the government pledged to recommend “the minimum period of incarceration within the guideline range as finally calculated by the Court at sentencing.” (emphasis added). All parties agree that the appropriate sentencing range under the United States Sentencing Guidelines was six to twelve months of incarceration, which was the guideline range as finally calculated by the district court at sentencing. The government recommended a sentence of six months — the…