Free Order of Detention - District Court of Delaware - Delaware

Case 1 :O8—cr-00043-JJF Document 7 Filed O2/20/2008 Page 1 of 2
°% AO 472 (Rev, 3/86) Order of Detention Pending Trial
UNITED STATES DISTRICT COURT
District of Delaware
UNITED STATES OF AMERICA
V. ORDER OF DETENTION PENDING TRIAL
Jonathan Amato Case _, N`
Defendant .·
In accordance with the Bail Reform Act, 18 U.S.C. § 3 l42(t), a detention hearing has been held. I conclude that the following facts require the
detention ofthe defendant pending trial in this case.
Part I—Findings of Fact
Q (1) The defendant is charged with an offense described in 18 U.S.C. § 3 l42(t)(1) and has been convicted ofa Q federal offense Q state
or local offense that would have been a federal offense ifa circumstance giving rise to federaljurisdiction had existed that is
Q a crime ofviolence as defined in 18 U.S.C. § 3156(a)(4).
Q an offense for which the maximum sentence is life imprisonment or death.
Q an offense for which a maximum term ofimprisonrnent often years or more is prescribed in
>l<
Q a felony that was committed after the defendant had been convicted oftwo or more prior federal offenses described in 18 USC.
§ 3 142(f)(1)(A)-(C), or comparable state or local offenses.
Q (2) The offense described in finding (1) was committed while the defendant was on release pending trial for a federal, state or local offense.
Q (3) A period of not more than five years has elapsed since the Q date of conviction Q release ofthe defendant from imprisonment
for the offense described in finding (1). ,
Q (4) Findings Nos. (1), (2) and (3) establish a rebuttable presumption that no condition or combination of conditiors will reasonably assure the
safety of (an) other person(s) and the community. 1 further find that the defendant has not rebutted this presumption.
Alternative Findings (A)
X (1) There is probable cause to believe that the defendant has committed an offense
X for which a maximum term ofimprisonment often years or more is prescribed in 18 USC § 2252A .
Q under 18 U.S.C. § 924(c).
X (2) The defendant has not rebutted the presumption established by Ending 1 that no condition or combination ofconditions will reasonably assure
the appearance ofthe defendant as required and the safety ofthe community.
Alternative Findings (B)
(1) There is a serious risk that the defendant will not appear.
(2) There is a serious risk that the defendant will endanger the safety of another person or the community.
Part II—Written Statement of Reasons for Detention
I tind that the credible testimony and information submitted at the hearing establishes by clear and convincing evidence a prepon-
derance ofthe evidence: Defendant was detained because there are no conditions or combination thereofthat will reasonanle assure his
appearance as required and the safety ofthe community . Defendant is charged with child porn offense for which the rebuttable presumption applies.
Defendant has not rebutted that presumption and the evidence against defendant is substantial in support ofthe offense, which supports the issue
of danger to the community. Although absent these charges, defendant does not have any other criminal history, has no known mental health
conditions , or any history of substance abuse, there is a serious issue whether defendant would be allowed to continue his position as a flight
instructor with the Air Force. The government report its understanding that if released, he would be committed to the AIR Force stockade. The
evidence shows that on at least 4 occasions, he purchased access to child porn sites, downloaded and retained the pictures which support violation of
children through the world, and organized crime. 1-le participates in helping create a world market by promoting such activity. As a result, there are
no conditions or combination thereofthat will reasonably assure the safety ofthe community.
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Case 1 :O8—cr-00043-JJF Document 7 Filed O2/20/2008 Page 2 of 2
AO 472 (Rev. 3/86) Order of Detention Pending Trial
Part III——Directions Regarding Detention
The defendant is committed to the custody ofthe Attorney General or his designated representative for confinement in a corrections facility separate,
to the extent practicable, from persons awaiting or serving sentences or being held in custody pending appeal. The defendant shall be afforded a
reasonable opportunity for private consultation with defense counsel. On order of a court of the United States or on request of an attomey for the
Government, the person in charge ofthe corrections facility shall deliver the defendant to • ~ United States marshal for the purpose of an appearance in
connection with a court proceeding.
February 20, 2008 _ J. `
Date ' Signature 0fJudi l ir
Mary Pat Thynge, gi · ate Judge
Name and Title 0fJudicial Ojicer
*insert as applicable: (a) Controlled Substances Act (21 U.S.C. § SOI et seq.); (b) Controlled Substances Import and Export Act (2l U.S.C. § 95l ez
seq.); or (c) Section l ofAct 0fSept. l5, l980 (21 U.S.C. § 9558).

Case 1:08-cr-00043-JJF

Document 7

Filed 02/20/2008

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Case 1:08-cr-00043-JJF

Document 7

Filed 02/20/2008

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