USA v. BrugnaraRESPONSEN.D. Cal.June 2, 2015 United States’ Response re Form 12 CR 14-0306 WHA & CR 08-0222 WHA 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MELINDA HAAG (CABN 132612) United States Attorney DAVID R. CALLAWAY (CABN 121782) Chief, Criminal Division ROBIN L. HARRIS (CABN 123364) BENJAMIN KINGSLEY (NYBN 4758389) Assistant United States Attorneys 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102-3495 Telephone: (415) 436-7200 Fax: (415) 436-7234 robin.harris2@usdoj.gov benjamin.kingsley@usdoj.gov Attorneys for the United States UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION UNITED STATES OF AMERICA, Plaintiff, v. LUKE D. BRUGNARA, Defendant. ) ) ) ) ) ) ) ) ) ) CASE NO. CR 14-0306 WHA CR 08-0222 WHA UNITED STATES’ RESPONSE REGARDING FORM 12 On May 19, 2015, this Court ordered the parties to show cause why the Form 12 record should not be deemed closed. Dkt. 628. The government believes it should be closed. This Court held a hearing in June 2014 and then heard the extensive evidence at trial that overlaps with the facts alleged in the Form 12. Defendant has been afforded the procedures required by Rule 32.1(b)(2), including the opportunity to present evidence, question any adverse witness, and make a statement. Further, the Court should find that defendant violated the terms of his supervised release by committing a new federal crime, as alleged in Charge One of the Form 12, and revoke his supervision. 08-0222 WHA Dkt. 247. The standard for revocation is preponderance of the evidence. 18 U.S.C. § 3583(e)(3). As the jury found in convicting defendant on Counts Two, Four, and Five of the Second Case3:14-cr-00306-WHA Document652 Filed06/02/15 Page1 of 2 United States’ Response re Form 12 CR 14-0306 WHA & CR 08-0222 WHA 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Superseding Indictment in 14-0306, the evidence at trial established beyond a reasonable doubt that defendant committed the fraud described in Charge One of the Form 12. Respectfully submitted, MELINDA HAAG United States Attorney DATED: June 2, 2015 /s/ ROBIN L. HARRIS BENJAMIN KINGSLEY Assistant United States Attorneys Case3:14-cr-00306-WHA Document652 Filed06/02/15 Page2 of 2
