Total Pageviews

Sunday, May 24, 2020

DAVID DAMANTE DENIED EARLY RELEASE: Notorious Serial Fraudster/Probation Violator David Damante Must Stay Locked Up Until The End Of The Year; COVID-19 Pandemic Lompoc Prison “Hotspot” Defense Argument Rejected

“Defendant David Damante has repeatedly violated the conditions of his supervised release, resulting in repeated revocations of supervision and re-incarceration.”

David Damante won't be able to perpetrate another multi-million dollar art fraud scheme, form another bogus doggie treat company, seek a gig as a “Nude/Erotic, Fetish” webcam performer or, under the alias “David Diamante”, propose marriage to a woman who opened bank accounts on his behalf for Pawfect Protein Bitez—until he's released from prison in late December 2020.

In his order denying Damante's motion, issued May 20, 2020, United States District Judge by Andrew P. Gordon stated Damante “ repeatedly violated the conditions of his supervised release, resulting in repeated revocations of supervision and re-incarceration. 

When I last sentenced him in December 2019, I recommended that the Bureau of Prisons allow him to serve his time at a facility in Tucson.

Despite that recommendation, Mr. Damante is now housed at the Lompoc Federal Correctional Complex. Lompoc has had a significant number of positive tests for COVID-19. 

Thus, Mr. Damante now requests that I modify his Judgment and recommend that he be permitted to “serve the remainder of his sentence on the maximum time on community confinement . . . and the maximum time on home confinement.” 

Further, “transferring Mr. Damante to community confinement or home detention could spread the virus further if he is carrying it. The Bureau (Bureau of Prisons) is in a better position than I to determine the appropriate place to house Mr. Damante based on a variety of factors. I am loathe to interfere with its decision-making in this instance.” 

Damante's attorney, a federal public defender, filed a motion May 12, 2020 to modify his current sentence and allow him to be released to “community confinement”, followed by “home confinement”.

In the defense motion, Damante's federal public defender described his current domicile: “Mr. Damante is incarcerated at the Lompoc FCC, a medium-security prison complex that includes a United States Penitentiary (USP) and a minimum-security satellite camp. Lompoc is one of three BOP facilities that have been hardest hit by COVID-19 outbreaks, and BOP reporting suggests that the COVID-19 outbreak at FCC Lompoc began at the USP. As of May 9, 2020, official figures showed 16 staff and 21 inmates at Lompoc USP1 had tested positive for COVID-19.” 

Making a case for compassionate release (a process by which inmates in criminal justice systems may be eligible for immediate early release on grounds of  “particularly extraordinary or compelling circumstances which could not reasonably have been foreseen by the court at the time of sentencing”), Damante's attorney asserted should “Mr. Damante contract COVID-19, it could have unknown consequences for his health, beyond the coughing and fever commonly associated with the disease. 

The unknown, long-term health ramifications to Mr. Damante support erring on the side of caution and taking all necessary steps to remove him from a COVID-19 hotspot. 

Mr. Damante understands that must serve the remainder of his sentence, but he also is fearful for his health. He requests the Court recommend that he serve the remainder of his sentence on the maximum amount of time on community confinement, under 18 U.S.C. § 3624(c)(1), and the maximum time on home confinement, pursuant to 18 U.S.C. § 3624(c)(2).20” 

Damante is scheduled to be released from federal custody on December 10, 2020.

No comments:

Post a Comment