United States v. Luke Brugnara

MEMORANDUM

In a prosecution the parties refer to as the Tax Case, Luke Brugnara pled guilty to three counts of filing false tax returns in violation of 26 U.S.C. § 7206 (1). He appeals the district court’s denial of his motion to withdraw his plea in the Tax Case, and the order of restitution imposed at sentencing. We affirm.

I.

We review the district court’s denial of Brugnara’s motion to withdraw his guilty plea for abuse of discretion. United States v. Briggs, 623 F.3d 724, 727 (9th Cir.2010). Brugnara did not meet his burden of showing “a fair and just reason for requesting the withdrawal.” Fed. R.Crim. Pro. 11(d)(2)(B). After reviewing the record de novo, we conclude that Brugnara’s plea was voluntary. See United States v. Signori 844 F.2d 685, 638 (9th Cir.1988). The district court engaged in a detailed plea colloquy with Brugnara. Brugnara testified as to his mental and physical condition and lack of coercion. He denied that his incarceration precluded his voluntary and informed decision. He testified that he was satisfied with his counsel. He volunteered that the idea to plead guilty was his. The district court properly credited this testimony over Brugnara’s subsequent…