Opinion
No. 18-50398
10-22-2020
UNITED STATES OF AMERICA, Plaintiff-Appellee, v. ANTONIO ENRIQUE OROZCO, AKA El Sr, Defendant-Appellant.
NOT FOR PUBLICATION
D.C. No. 2:17-cr-00203-DSF-17 MEMORANDUM Appeal from the United States District Court for the Central District of California
Dale S. Fischer, District Judge, Presiding Submitted October 6, 2020 Pasadena, California Before: M. SMITH and LEE, Circuit Judges, and CARDONE, District Judge.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).
The Honorable Kathleen Cardone, United States District Judge for the Western District of Texas, sitting by designation.
Appellant Antonio Enrique Orozco (Orozco) appeals from the final judgment and commitment order. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm. Because the parties are familiar with the facts, we do not recount them here, except as necessary to provide context to our ruling.
The parties dispute the applicable standard of review in this appeal. However, we need not resolve this issue because even applying de novo review, Orozco's challenge fails. See Plascencia-Orozco, 852 F.3d 910, 916 (9th Cir. 2017) (avoiding the issue by applying the less deferential de novo review and affirming the district court). This Court "will generally enforce the plain language of a plea agreement if it is clear and unambiguous on its face." United States v. Lo, 839 F.3d 777, 783 (9th Cir. 2016) (citation omitted). In other words, "[c]ourts enforce the literal terms of a plea agreement, construing ambiguities in favor of the defendant." United States v. Ellis, 641 F.3d 411, 417 (9th Cir. 2011) (citing United States v. Johnson, 187 F.3d 1129, 1134 (9th Cir. 1999); United States v. Quach, 302 F.3d 1096, 1100-01 (9th Cir. 2002)).
We have reviewed the parties' arguments and the record in this case. The wording of the relevant provisions of the agreement are unambiguous, and all parties have complied with their obligations under the agreement.