Free Motion for Miscellaneous Relief - District Court of Connecticut - Connecticut

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Case 3:00-cr-00044-JCH Document 661 Filed 02/12/2008 Page 1 of 4
UNITED STATES DISTRICT COURT if i` I
DISTRICT OF CONNECTICUT ii I
. Zililil “ F [E [77 [T CES
UNITED STATES OF AMERICA : Docket No. 3:00CR44-0ll (J CH) 1 1 T i i
VS. 2
LOUIS D. PHELMETTO, JR. : February 8, 2008
PETITION FOR REMISSION OF FINE AND ORDER THEREON
The United States of Amenca, by its undersigned attorney, petitions this Court pursuant to
18 U.S.C. § 3573 for remission of the remaining balance of the criminal fine imposed against the
defendant, Louis D. Phelmetto, Jr.
@s
On November 8, 2001, this Court entered judgment upon Defendant Phelmetto, imposing
a special assessment of $ l 00.00 and a criminal fine in the amount of $5,000.00, with interest waived.
Defendant Phelmetto was also placed on supervision by the United States Probation Office for a
period of five years. Defendant Phelmetto is nearly 60 years old and suffered a debilitating stroke
in January, 2005. Prior to the stroke, Defendant Phelmetto made $50.00 monthly payments in
accordance with this Court’s Judgment. Subsequent to the stroke, Defendant Phelmetto’s mother
has made $1.00 monthly payments as a sign of good faith. The remaining balance of Defendant
Phelmetto’s criminal fine totals $3,317.00 as of February 8, 2008.
Authority i
In support ofthe Government's petition, it relies on 18 U.S.C. § 3573, which provides that:
Upon petition ofthe Government showing that reasonable efforts to
collect a fine or assessment are not likely to be effective, the court
may, in the interest of justice-
(1) remit all or part of the unpaid portion of the fine or special
assessment, including interest and penalties;
The undersigned attorney has determined that due to the defendant’s age, illness and current
financial situation, there is no reasonable likelihood that expending further efforts to collect the
remaining balance of the criminal fine will result in any revenue to the United States. Any further

Case 3:00-cr-00044-JCH Document 661 Filed 02/12/2008 Page 2 of 4
efforts would, in fact, be contrary to the interests of the United States because such efforts would
needlessly expend resources that could be better directed to areas with greater potential for recovery.
Therefore, the Government respectfully petitions this Court for an order pursuant to
18 U.S.C. § 3573 remitting the remaining balance of Defendant Phelmetto’s criminal fine.
Respectfully submitted,
Kevin J. O’C0nnor
Unit d States Attornegw)
Christine Sci `no
Assistant United States Attorney
157 Church Street - 23‘d Floor
New Haven, CT 06510
Tel (203) 821-3780/Fax (203) 773-5392
Federal No. CT3393
Email: Christine.Sciarrino@usd0j. gov

Case 3:00-cr-00044-JCH Document 661 Filed 02/12/2008 Page 3 of 4
CERTIFICATION
This is to certify that a copy ofthe foregoing was mailed, postage prepaid, on thisu ifi day
of Februmy, 2008, to:
Louis D. Phelmetto, J r.
241 Midway Oval
Groton, CT 06340
CI-IRISTINE?CIA.RRINO

Case 3:00-cr-00044-JCH Document 661 Filed 02/12/2008 Page 4 of 4
UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
UNITED STATES OF AMERICA : Docket No. 3:00CR44-011 (J CH)
VS. :
LOUIS D. PHELMETTO, JR. :
ORDER
This cause having come before this Court for consideration on petition of the United States
of America in accordance with the provisions of 18 U.S.C. § 3573 for remission of all ofthe tmpaid
portion of Defendant Louis D. Phelmetto, J r.'s criminal fine, imposed on November 8, 2001 in this
cause; and the Court being advised in the premises is of the opinion that the petition is well taken
and the remaining balance of the criminal fine is hereby remitted.
SO ORDERED.
Dated this day of , 2008 at Bridgeport, Connecticut.
JANET C. HALL
UNITED STATES DISTRICT JUDGE