Brugnara

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS APR 29 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 23-1605 D.C. No. Plaintiff - Appellee, 3:14-cr-00306-WHA-1 v.

MEMORANDUM*

LUKE D. BRUGNARA,

Defendant - Appellant.

Appeal from the United States District Court for the Northern District of California William Alsup, District Judge, Presiding

Argued and Submitted April 8, 2024 San Francisco, California

Before: PAEZ and SUNG, Circuit Judges, and FITZWATER, District Judge.**

Luke Brugnara (“Brugnara”) appeals the district court’s revocation of his

supervised release and imposition of a custodial sentence. We have jurisdiction

under 28 U.S.C. § 1291. We affirm.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable Sidney A. Fitzwater, United States District Judge for the Northern District of Texas, sitting by designation. Brugnara raises several challenges. He argues that: (1) there was

insufficient evidence that he constructively possessed a…