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BENJAMIN B. WAGNER United States Attorney MICHELLE RODRIGUEZ Assistant U.S. Attorney 501 I Street, Suite 10-100 Sacramento, California 95814 Telephone: (916) 554-2700

IN THE UNITED STATES DISTRICT COURT FOR THE 8 EASTERN DISTRICT OF CALIFORNIA 9 10 UNITED STATES OF AMERICA, 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. The United States, by AUSA Michelle Rodriguez, and ) ) Plaintiff, ) v. ) ROBERT TODD BRUCE, ) ) Defendant. ) ______________________________) CR. NO. S-11-439-MCE S-11-317-MCE Plea Agreement

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: Count 1 2 1 2 3 Offense 18 USC 2113(a) 18 USC 2113(a) 18 USC 2113(a) 18 USC 2113(a) 18 USC 2113(a) Description Bank Robbery, 12/30/08 Sacramento, Calif Bank Robbery, 1/5/09 Auburn, Calif Bank Robbery, 11/22/08 Santa Barbara, Calif Bank Robbery, 12/4/08 Paso Robles, Calif Bank Robbery, 12/23/08 Pismo Beach, Caif

Information 11-317-MCE 11-317-MCE Information 11-439-MCE 11-439-MCE 11-439-MCE

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLEA AGREEMENT (Robert Todd Bruce) /// 11-317-MCE Information 11-439-MCE 2 1 18 USC 2113(a) 18 USC 2113(a)

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. 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 This

charged in 3 counts: Information 11-317-MCE Count 1 Offense 18 USC 2113(a) Description Bank Robbery, 12/30/08 Sacramento, Calif Bank Robbery, 1/5/09 Auburn, Calif 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 The defendant also agrees

by the Court at the sentencing hearing. 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, PLEA AGREEMENT (Robert Todd Bruce) 3

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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 attorneys 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) (2) the defendant acted within the charged jurisdiction; the defendant took from the person or presence of another money belonging to or in the care, custody, control, management or possession of a financial institution; 4

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(3) (4)

the financial institution had its deposits federally insured; and the defendant acted to take such money by force and violence, or by intimidation. 13. The defendant acknowledges and agrees that the following

3 4 5 6 7 8 9 10 11 12 13 14 (2) 15 16 17 18 19 20 21 22 23 24 25 26 27 28 /// (3)

factual summary accurately describes the events underlying his criminal conduct and offenses of conviction. (1) From early November 2008 through January 2009, Bruce was generally homeless and living out of hotels and vehicle(s). During this time, Bruce devised a plan and scheme to work alone and with others to unlawfully take money -- by force and threat of assault -- from tellers at federally insured financial institutions. On 11/22/2008, at approximately 11:46 AM, Bruce entered a Washington Mutual branch located at 1302 State Street, Santa Barbara, California, and approached a teller station. Bruce produced a note demanding money from the victim teller and told the teller "Don't touch any buttons." The teller complied and Bruce left the bank with the money. The bank suffered a loss of approximately $2,720.00. At the time of the robbery, the bank was federally insured. On 12/4/2008, at approximately 11:14 AM, Bruce entered a Bank of America branch located at 1511 Spring Street, Paso Robles, California, and approached a teller station. Bruce produced a note demanding money from the victim teller. Bruce also told the teller "If you don't, I'll kill you" and "Don't talk or I'll kill you", or words to that effect. Bruce had his hand in his pocket simulating a weapon. The teller complied and Bruce left the bank with the money. The bank suffered a loss of approximately $4,800.00. At the time of the robbery, the bank was federally insured. On 12/23/2008, at approximately 11:30 AM, Bruce entered a Rabobank branch located at 801 Price Street, Pismo Beach, California, and approached a teller station. Bruce produced a note indicating that he was committing a robbery. The teller initially acted as if he/she did not understand and, as a result, Bruce displayed a black semi-automatic handgun in his right hand. The teller then complied and Bruce left the bank with the money. The bank suffered a loss of approximately $1,006.00. At the time of the robbery, the bank was federally insured.

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(4)

On 12/30/2008, at approximately 10:24 AM, Bruce entered a Washington Mutual bank branch located at 4741 Madison Avenue, Sacramento, California, and approached a teller station. Bruce produced a note demanding money from the teller's bottom teller drawer and no alarms or dye packs. At the bottom of the note the man mentioned that he also wanted the money from the victim tellers top teller drawer. Bruce told the teller "I want all of the money, don't be touching any buttons" or words to that effect. The teller complied and Bruce left the bank with the money. The bank suffered a loss of approximately $825.00. At the time of the robbery, the bank was federally insured. On 1/5/2009, at approximately 12:00 PM, Bruce entered a Wells Fargo Bank branch located at 949 Lincoln Way, Auburn, California, and approached a teller station. Bruce produced a note demanding money from the teller. While displaying the note Bruce demanded money from the top and bottom drawers of the teller window. Bruce perceived that the teller was not moving fast enough and said "Hurry up or I'll shoot you" as Bruce 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 the time of the robbery, the bank was federally insured. On 1/30/2009, Bruce robbed the North Valley Bank located at 880 E. Cypress Avenue, Redding, California. After the robbery he was apprehended and then later convicted in Shasta County, California. Based upon the comparison of official database photos of Bruce, law enforcement identified Bruce as the robber depicted in surveillance photos obtained from his 11/22/2008, 12/4/2008, 12/23/2008, 12/30/2008, and 1/5/2009 robberies. On 2/5/2009, the victim teller of the Washington Mutual robbery, 4741 Madison Avenue, Sacramento, California, was shown a six person photographic lineup containing the photograph of Bruce. The teller positively identified Bruce as the person responsible for the robbery. On 2/9/2009, an associate of Bruce who had known him for approximately 31 years, viewed six surveillance photographs, one from each of the bank robberies, among others, that occurred on 11/22/2008, 12/4/2008, 12/23/2008, 12/30/2008, and 1/5/2009. The associate identified Bruce in all six photographs. On 3/13/2009, Bruce (by his own initiative) requested to meet with the Federal Bureau of Investigation Agents located in Redding, California. On 3/16/2009, an FBI agent met with Bruce at the Shasta County Jail in Redding, California. Bruce confessed adding that he stole from banks because there was no victim and the loss would be to a corporation which didn't hurt anyone.

(5) 8 9 10 11 12 13 (6) 14 15 16 17 18 19 20 21 22 23 24 (9) 25 26 27 28 (8) (7)

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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 Each party retains the right to provide to the

of sentencing.

federal sentencing court and the appropriate probation office all information concerning the defendant's offense conduct, about the defendant, and about the applicable law. PLEA AGREEMENT (Robert Todd Bruce) 7

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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. PLEA AGREEMENT (Robert Todd Bruce) Under Federal 8

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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 The The The The The The The The The The right right right right right right right right right right right to to to to to to to to to to to plead not guilty and persist in that plea. a speedy and public jury trial. assistance of counsel at trial and appeal. remain silent at trial. testify at trial. confront and cross-examine witnesses. present evidence and witnesses. compulsory process of the court. be presumed innocent. a unanimous guilty verdict. 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 PLEA AGREEMENT (Robert Todd Bruce) 9

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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. 105119 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 defendants 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 defendants convictions on the

offenses to which he is pleading is ever vacated at the defendants 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 PLEA AGREEMENT (Robert Todd Bruce) 10

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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 Attorneys Office. By

signing this Plea Agreement, the defendant agrees to waive any objections, motions, and defenses he might have to the governments 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 11

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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 WAGNER United 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 In signing this plea

reviewed every part of it with my attorney.

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 I

understanding the terms and conditions of this plea agreement. understand the charges against me and the 3 charges (by Information) to which I am pleading guilty. restitution for all of my criminal conduct. with my attorneys representation.

I agree to pay full I am fully satisfied

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 BRUCE Defendant PLEA AGREEMENT (Robert Todd Bruce) 12

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31. Mr. Bruce.

I, Matthew Bockmon, am the attorney for the defendant, 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. Bruces decision to enter into this When he

plea agreement is an informed and voluntary decision.

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

PLEA AGREEMENT (Robert Todd Bruce)

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