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09/02/10 2:37 PM

#15070 RE: janice shell #15069

Mr. D’Amaro’s case and circumstances are similar to Gaskill, supra and not Sweeting, supra. Mr. D’Amaro is the sole provider for his wife who is afflicted with a serious, life threatening and often debilitating lung disease and just lost her only child, he is not a violent offender, he does not have a criminal history (his criminal history category is I—0 criminal history points, PSR ¶ 78), and he has not evinced any conduct before or during his pretrial release to indicate he is a threat to society.

It should also be noted that Mr. D’Amaro cooperated with the Government, he sat for debriefings three times and provided information outside of the relevant conduct for this charge (information on possible illegal conduct by a California Lawyer and associated parties and information attesting to illegal conduct that may have led to or supported SEC case no: CV10-2031, defendant Spongetech Delivery Systems, Inc and Harmon Trading.)[1]

[1] Mr. D’Amaro was not involved in any illegal conduct regarding these issues.

Doc 33 PDF file
http://viewer.zoho.com/docs/spHbi