Woodfield

*111 MEMORANDUM *

We consider whether the government breached Woodfield’s plea agreement. We may address the breach of plea agreement issue without regard to the waiver of appeal contained in that agreement. See United States v. Baramdyka, 95 F.3d 840, 843 (9th Cir.1996).

1. Woodfield argues that the government breached its promise, set forth in Paragraph 17(c) of the plea agreement, “[t]o recommend that defendant be sentenced at the low end of the applicable Sentencing Guidelines range” by recommending a lifetime term of supervised release. The agreement is at least ambiguous with regard to whether the government’s promise included recommending the low end of supervised release range.

We “enforce the literal terms of the plea agreement, but construe ambiguities in favor of the defendant, ordinarily placing on the government responsibility for any lack of clarity.” United States v. Franco-Lopez, 312 F.3d 984, 989 (9th Cir.2002) (internal quotation marks and citations omitted). Construing the agreement in favor of Woodfield, we hold that the government’s promise to recommend the low end of the sentencing range extended to supervised release. A lifetime term was not at the low…