Robert Todd Bruce Plea Agreement

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BENJAMIN B. WAGNERUnited States AttorneyMICHELLE RODRIGUEZAssistant U.S. Attorney501 I Street, Suite 10-100Sacramento, California 95814Telephone: (916) 554-2700

IN THE UNITED STATES DISTRICT COURT FOR THE

EASTERN DISTRICT OF CALIFORNIA

UNITED STATES OF AMERICA, )) CR. NO. S-11-439-MCE

Plaintiff, ) S-11-317-MCEv. )

ROBERT TODD BRUCE, )) Plea Agreement

Defendant. )______________________________)

1. The United States, by AUSA Michelle Rodriguez, and

defendant Bruce, joined by his attorney, AFD Matthew Bockmon,

stipulate to entry of this plea agreement reached after

negotiations pursuant to Federal Rules of Criminal Procedure

(FRCP) 11 and 32.

2. The Court is not a party to this plea agreement.

Sentencing is a matter solely within the discretion of the Court.

The Court is under no obligation to accept any recommendations

made by the United States, and the Court may in its discretion

impose any sentence it deems appropriate up to and including the

statutory maximum stated in this plea agreement. The defendant

understands that neither the prosecutor, defense counsel, nor the

Court can make a binding prediction or promise regarding the

PLEA AGREEMENT (Robert Todd Bruce) 1

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sentence he will receive. This plea agreement is not submitted to

the Court pursuant to FRCP 11(c)(1)(C).

3. Bruce is charged as follows:

Information Count Offense Description11-317-MCE 1 18 USC § 2113(a) Bank Robbery, 12/30/08 Sacramento, Calif

11-317-MCE 2 18 USC § 2113(a) Bank Robbery, 1/5/09 Auburn, CalifInformation 11-439-MCE 1 18 USC § 2113(a) Bank Robbery, 11/22/08 Santa Barbara, Calif

11-439-MCE 2 18 USC § 2113(a) Bank Robbery, 12/4/08 Paso Robles, Calif

11-439-MCE 3 18 USC § 2113(a) Bank Robbery, 12/23/08 Pismo Beach, Caif

This document contains the complete plea agreement between the

United States Attorney's Office for the Eastern District of

California (EDCA), and Northern District of California (NDCA), and

Bruce regarding only the above identified charged offenses. This

plea agreement is limited to the EDCA and NDCA United States

Attorney's Offices and cannot bind any other federal, state, or

local prosecuting, administrative, or regulatory authorities.

4. Bruce shall waive indictment and he shall plead guilty as

charged in 3 counts:

Information Count Offense Description11-317-MCE 1 18 USC § 2113(a) Bank Robbery, 12/30/08 Sacramento, Calif

11-317-MCE 2 18 USC § 2113(a) Bank Robbery, 1/5/09 Auburn, CalifInformation 11-439-MCE 1 18 USC § 2113(a) Bank Robbery, 11/22/08 Santa Barbara, Calif

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The defendant agrees that he is in fact guilty of these 3 charges

and that the stipulated factual basis set forth within this

agreement is accurate.

5. The defendant agrees to pay any criminal fine as ordered

by the Court at the sentencing hearing. The defendant also agrees

to pay full restitution.

6. The defendant agrees to pay a special assessment of

$100.00 for each felony offense of conviction as directed by the

United States Probation Office.

7. The defendant understands that: (a) the maximum penalty

for each felony violation is as follows:

Offense Maximum Penalty Description

18 U.S.C. § 2113(a) Bank Robbery 20 yrs imprisonment, 3 yrs TSR, $250,000 fine, restitution

(b) if the term of supervised release (TSR) for his convictions is

revoked, a 2 year additional period of consecutive incarceration

may be imposed; and (c) a mandatory $100 penalty assessment for

each felony conviction will be imposed in addition to any penalty

imposed by the Court. The defendant fully agrees to forfeiture of

any seized evidence, and all of his rights to seized evidence, if

any. The defendant understands and agrees that any combination or

all penalties/components of his sentence may be run additionally

and consecutively by the Court, including, for example, that the

term of supervised release shall follow the imposed period of

incarceration and that the Court will be requested to make an

order of restitution to identifiable victims.

8. The defendant understands and agrees that he may not

withdraw his guilty plea as a result of an order of restitution,


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fine, or TSR condition imposed by the Court, notwithstanding any

prediction, representation, or promise by his attorney or anyone

else concerning restitution, fines, and TSR conditions. The

defendant agrees that if he successfully withdraws his guilty

pleas under any circumstances then any statements he made during

all district court proceedings shall be admissible against him in

any subsequent trial or proceeding.

9. The defendant understands that the United States may

provide notice of his convictions to any appropriate agency.

Bruce agrees that the United States retains the right to provide

to the public, court, and probation office all information about

the charged offenses, Bruce, and applicable law.

10. The defendant agrees and admits that no pressure has

been placed upon him by any person, official, or agency, that no

threats have been made against him, and that he is pleading guilty

freely and voluntarily.

11. By his signature hereto, Bruce admits he has read the

charges against him and the charges have been fully explained to

him by his attorney. Bruce agrees that he understands these

charges and he is fully satisfied with his attorney’s explanation

of the charges.

12. As to the offenses charged via Information (5 Counts of

Bank Robbery), Bruce agrees that, at trial, the United States

would be required to prove beyond a reasonable doubt during the

time charged the following:

(1) the defendant acted within the charged jurisdiction;

(2) the defendant took from the person or presence of anothermoney belonging to or in the care, custody, control,management or possession of a financial institution;


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(3) the financial institution had its deposits federally insured;and

(4) the defendant acted to take such money by force and violence,or by intimidation.

13. The defendant acknowledges and agrees that the following

factual summary accurately describes the events underlying his

criminal conduct and offenses of conviction.

(1) From early November 2008 through January 2009, Bruce wasgenerally homeless and living out of hotels and vehicle(s). During this time, Bruce devised a plan and scheme to workalone and with others to unlawfully take money -- by forceand threat of assault -- from tellers at federally insuredfinancial institutions. On 11/22/2008, at approximately11:46 AM, Bruce entered a Washington Mutual branch located at1302 State Street, Santa Barbara, California, and approacheda teller station. Bruce produced a note demanding money fromthe victim teller and told the teller "Don't touch anybuttons." The teller complied and Bruce left the bank withthe money. The bank suffered a loss of approximately$2,720.00. At the time of the robbery, the bank wasfederally insured.

(2) On 12/4/2008, at approximately 11:14 AM, Bruce entered a Bankof America branch located at 1511 Spring Street, Paso Robles,California, and approached a teller station. Bruce produceda note demanding money from the victim teller. Bruce alsotold the teller "If you don't, I'll kill you" and "Don't talkor I'll kill you", or words to that effect. Bruce had hishand in his pocket simulating a weapon. The teller compliedand Bruce left the bank with the money. The bank suffered aloss of approximately $4,800.00. At the time of the robbery,the bank was federally insured.

(3) On 12/23/2008, at approximately 11:30 AM, Bruce entered aRabobank branch located at 801 Price Street, Pismo Beach,California, and approached a teller station. Bruce produceda note indicating that he was committing a robbery. Theteller initially acted as if he/she did not understand and,as a result, Bruce displayed a black semi-automatic handgunin his right hand. The teller then complied and Bruce leftthe bank with the money. The bank suffered a loss ofapproximately $1,006.00. At the time of the robbery, thebank was federally insured.

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(4) On 12/30/2008, at approximately 10:24 AM, Bruce entered aWashington Mutual bank branch located at 4741 Madison Avenue,Sacramento, California, and approached a teller station. Bruce produced a note demanding money from the teller'sbottom teller drawer and no alarms or dye packs. At thebottom of the note the man mentioned that he also wanted themoney from the victim tellers top teller drawer. Bruce toldthe teller "I want all of the money, don't be touching anybuttons" or words to that effect. The teller complied andBruce left the bank with the money. The bank suffered a lossof approximately $825.00. At the time of the robbery, thebank was federally insured.

(5) On 1/5/2009, at approximately 12:00 PM, Bruce entered a WellsFargo Bank branch located at 949 Lincoln Way, Auburn,California, and approached a teller station. Bruce produceda note demanding money from the teller. While displaying thenote Bruce demanded money from the top and bottom drawers ofthe teller window. Bruce perceived that the teller was notmoving fast enough and said "Hurry up or I'll shoot you" asBruce pulled back his jacket to reveal a dark colored object. The teller complied and Bruce left the bank with the money. The bank suffered a loss of approximately $2,535.00. At thetime of the robbery, the bank was federally insured.

(6) On 1/30/2009, Bruce robbed the North Valley Bank located at880 E. Cypress Avenue, Redding, California. After therobbery he was apprehended and then later convicted in ShastaCounty, California. Based upon the comparison of officialdatabase photos of Bruce, law enforcement identified Bruce asthe robber depicted in surveillance photos obtained from his11/22/2008, 12/4/2008, 12/23/2008, 12/30/2008, and 1/5/2009robberies.

(7) On 2/5/2009, the victim teller of the Washington Mutualrobbery, 4741 Madison Avenue, Sacramento, California, wasshown a six person photographic lineup containing thephotograph of Bruce. The teller positively identified Bruceas the person responsible for the robbery.

(8) On 2/9/2009, an associate of Bruce who had known him forapproximately 31 years, viewed six surveillance photographs,one from each of the bank robberies, among others, thatoccurred on 11/22/2008, 12/4/2008, 12/23/2008, 12/30/2008,and 1/5/2009. The associate identified Bruce in all sixphotographs.

(9) On 3/13/2009, Bruce (by his own initiative) requested to meetwith the Federal Bureau of Investigation Agents located inRedding, California. On 3/16/2009, an FBI agent met withBruce at the Shasta County Jail in Redding, California. Bruce confessed adding that he stole from banks because therewas no victim and the loss would be to a corporation whichdidn't hurt anyone.


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14. The defendant understands that the Court must consult

the Sentencing Guidelines (as promulgated pursuant to 18 U.S.C.

§§ 3551-3742 and 28 U.S.C. §§ 991-998, and as modified by United

States v. Booker and United States v. Fanfan, 2005 WL 50108 (Jan.

12, 2005)), and must take them into account when determining a

final sentence. The defendant understands that the Court will

determine a non-binding and advisory guideline sentencing range

for this case pursuant to the Sentencing Guidelines. The

defendant further understands that the Court will consider whether

there is a basis for departure from the guideline sentencing range

(either above or below the guideline sentencing range) because

there exists an aggravating or mitigating circumstance of a kind,

or to a degree, not adequately taken into consideration by the

Sentencing Commission in formulating the Guidelines. The

defendant further understands that the Court, after consultation

and consideration of the Sentencing Guidelines, must impose a

sentence that is reasonable in light of the factors set forth in

18 U.S.C. § 3553(a).

15. By this plea agreement, the parties stipulate that the

Court refer this matter -- prior to judgment and sentencing -- to

the U.S. Probation Office for a full presentence report and

dispositional memorandum. Such a full presentence report and

memorandum may be considered by the Court.

16. Each party reserves the right of allocution at the time

of sentencing. Each party retains the right to provide to the

federal sentencing court and the appropriate probation office all

information concerning the defendant's offense conduct, about the

defendant, and about the applicable law.


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17. Each party, except as stipulated herein, reserves the

right to argue for any sentencing conditions, including concerns

regarding a fine or order of restitution or TSR conditions, to be

determined by the district court at the time of sentencing.

18. Bruce understands that, to be eligible for reduction in

offense level for acceptance of responsibility under USSG § 3E1.1,

Bruce must provide truthful information to the U.S. Probation

Office for purposes of preparing a presentence report, express

remorse for his crimes, admit to the factual elements necessary to

support his guilty pleas and crimes of conviction (as charged in 2

Counts via the 11-317 Information and 1 Count in the 11-439

information), and commit no crimes before judgment and sentencing.

The parties do not stipulate as to criminal history nor do the

parties stipulate as to sentencing guideline provisions. If the

U.S. Probation Office recommends Bruce receive a federal sentence

(on the 3 counts) concurrent with any state sentence Bruce is now

serving, then the United States will join in the recommendation.

Bruce agrees that all counts in the Information are to be

considered as part of his relevant conduct because, in fact, he

committed all charged bank robberies. Bruce stipulates that he

shall be ordered to make full restitution for all of his robberies

and he agrees to forfeit all right, title, and interest in all

property seized.

19. Waiver of Constitutional Rights: The defendant

acknowledges that he has had all of his rights explained to him

regarding this plea agreement. The defendant understands that

pleading guilty may have consequences regarding his immigration

status if he is not a citizen of the United States. Under Federal


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law, crimes involving controlled substances, firearms, aggravated

felonies, or moral turpitude are deportable offenses. The

defendant's guilty plea to a qualifying crime may subject him to

automatic deportation and removal from the United States. See 8

U.S.C. § 1227(a)(2) et seq. The defendant affirms that he has

been advised of the immigration consequences of pleading guilty

and that he wants to plead guilty regardless of any immigration

consequences resulting from his plea, even if such consequence

includes U.S. removal and deportation.

20. The defendant expressly recognizes that he has the

following rights, summarily listed herein, that have been fully

explained to him:

The right to plead not guilty and persist in that plea.The right to a speedy and public jury trial.The right to assistance of counsel at trial and appeal.The right to remain silent at trial.The right to testify at trial.The right to confront and cross-examine witnesses.The right to present evidence and witnesses.The right to compulsory process of the court.The right to be presumed innocent.The right to a unanimous guilty verdict.The right to appeal a guilty verdict.

The defendant further understands that he waives each and every

one of these rights (except as to counsel) identified herein by

pleading guilty pursuant to this plea agreement, and it is his

knowing and voluntary intention to do so.

21. In addition, the defendant understands that discovery

may not have been completed and that there may be additional

discovery to which he would have had access if he proceeded to

trial. The defendant agrees to waive his right to receive any

additional disclosure of the United States' evidence, including

but not limited to statements of witnesses and any evidence


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tending to impeach the credibility of any potential witness, in

exchange for the benefits set forth in this plea agreement. Also,

Bruce acknowledges that if the Court accepts his guilty plea, no

criminal trial on the charged offenses will occur.

22. Waiver of Attorney's Fees and Costs: The defendant

agrees to waive all rights under the "Hyde Amendment," P.L. 105-

119 § 627 (Nov. 26, 1997), to recover attorneys' fees and other

litigation expenses in connection with this investigation and

prosecution (including without limitation any charge to be

dismissed pursuant to this plea agreement and any related

allegations or statements).

23. If the defendant’s sentence is consistent with the terms

of this plea agreement, then the defendant agrees to waive all

rights in every respect to appeal directly (under 28 USC 1291 and

18 USC 3742) and collaterally (under 28 USC 2255), including as to

pleas of guilt, sufficiency of evidence, sentence imposed,

conviction, and sentence calculation.

24. If the defendant is sentenced in accordance with this

plea agreement for his convictions (as charged in the 2 Counts in

Information No. 11-317 and 1 count in Information No. 11-439),

then the United States (EDCA and NDCA only) will not further

charge him for bank robbery offense conduct (all from 11/2008

through 1/2009). However, if the defendant’s convictions on the

offenses to which he is pleading is ever vacated at the

defendant’s request, or his sentence is ever reduced at his

request, then the United States shall have the right (1) to

prosecute the defendant on any offense to which he pleaded guilty;

(2) to reinstate any counts that may not be charged or that will


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be dismissed pursuant to this Plea Agreement; and (3) to file any

new charges that would otherwise be barred by this Plea Agreement.

The decision to pursue any or all of these options is solely in

the discretion of the EDCA United States Attorney’s Office. By

signing this Plea Agreement, the defendant agrees to waive any

objections, motions, and defenses he might have to the

government’s decision. In particular, he agrees not to raise any

objections based on the passage of time with respect to such

counts including, but not limited to, any statutes of limitation

or any objections based on the Speedy Trial Act or Sixth Amendment

Speedy Trial Clause.

25. Other than this plea agreement, no agreement,

understanding, promise or condition between the United States and

the defendant exists, nor will such agreement, understanding,

promise or condition exist unless it is committed to a writing and

signed by the defendant, counsel for the defendant, and counsel

for the United States.

26. The defendant declares and agrees that he has been

advised by his attorney that he shall remain remanded into custody

after entry of his guilty plea and pending the sentencing hearing.

27. The parties agree that the Court may accept or reject

this plea agreement or defer as to acceptance or rejection until

there has been an opportunity for the Court to consider a

presentence report.

28. The defendant further agrees that he has been advised by

his attorney of all his rights under the Federal Rules of Criminal

Procedure, including Rules 11 and 32, and all his rights under the

U.S. Constitution. The defendant agrees that he fully understands


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those rights and is satisfied with his attorney's representation.

29. The undersigned Assistant United States Attorney hereby

accepts and agrees to this plea agreement for the United States.

Dated: BENJAMIN WAGNERUnited States Attorney

By: MICHELLE RODRIGUEZ Assistant U.S. Attorney

30. I, Robert Todd Bruce, have consulted with my attorney,

and I fully understand all my rights, including those rights

contained in FRCP 11 and my constitutional rights, with respect to

the 2 offenses charged in the Information in 11-317 and the

additional charge (Count 1) in the Information in 11-439 against

me. I have read this plea agreement, and I have carefully

reviewed every part of it with my attorney. In signing this plea

agreement, I was not under the influence of any disabling or

mentally impairing drug, medication, liquor, intoxicant or

depressant. Further, I was alert, attentive and fully capable of

understanding the terms and conditions of this plea agreement. I

understand the charges against me and the 3 charges (by

Information) to which I am pleading guilty. I agree to pay full

restitution for all of my criminal conduct. I am fully satisfied

with my attorney’s representation. I understand this plea

agreement, and I voluntarily agree to this written plea agreement.

I understand that no other terms or oral agreements exist, other

than what appears in this plea agreement.

Dated: ROBERT TODD BRUCEDefendant


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31. I, Matthew Bockmon, am the attorney for the defendant,

Mr. Bruce. I have fully explained to Mr. Bruce the terms of this

plea agreement and his rights with respect to all the charges

against him and all potential charges against him of which I am

aware. To my knowledge, Mr. Bruce’s decision to enter into this

plea agreement is an informed and voluntary decision. When he

signed this plea agreement, Mr. Bruce did not appear to be under

the influence of any disabling or mentally impairing drug,

medication, liquor, intoxicant or depressant. Further, from what

I could discern during discussion with Mr. Bruce regarding the

Information in 11-317 and the Information in 11-439, the statutory

charges, and the Plea Agreement, Mr. Bruce was alert, attentive

and appeared fully capable of understanding the terms and

conditions of this plea agreement.

Dated: MATTHEW BOCKMON, ESQ.

Attorney for Bruce

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Documents

Robert Todd Bruce Plea Agreement