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

Case 3:01-cr-00156-DJS

Document 40

Filed 06/09/2006

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT UNITED STATES OF AMERICA: VS. DIONISIO JOSE VALLADARES RIVERA : Docket No: 3:01CR156 (DJS) : : June 7, 2006

PETITION FOR REMISSION OF SPECIAL ASSESSMENT AND ORDER THEREON The United States of America, by its undersigned attorney, petitions this Court pursuant to 18 U.S.C. § 3573 for remission of the special assessment in this case. STATEMENT OF FACTS 1. On January 18, 2002, judgment was entered by this Court against the above

defendant, levying a special assessment in the amount of $100.00. 2. As of March 13, 2003, the defendant made three payments totaling $75.00

through the Bureau of Prisons' Offset Program, which was applied to his special assessment debt. 3. Undersigned counsel has confirmed with the Immigration And Customs

Enforcement Database, that the defendant was deported from the United States on February 5, 2004. 4. counsel. ARGUMENT The Government bases its request on 18 U.S.C. § 3573, which provides that: Upon petition of the 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 present whereabouts of the defendant are presently unknown to undersigned

Case 3:01-cr-00156-DJS

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Filed 06/09/2006

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The undersigned attorney has determined that there is no reasonable likelihood that expending further efforts to collect the balance of the special assessment will produce any revenue to the United States. Any further 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, through its undersigned attorney respectfully petitions this Court for an order pursuant to 18 U.S.C. § 3573 remitting the defendant's special assessment.

Respectfully submitted, KEVIN J. O'CONNOR UNITED STATES ATTORNEY

CHRISTINE SCIARRINO ASSISTANT UNITED STATES ATTORNEY 157 CHURCH STREET, 23RD FLOOR NEW HAVEN, CT 06510 TELEPHONE: (203) 821-3700 FAX: (203) 773-5392 E-MAIL: [email protected] ATTORNEY BAR NO: CT03393

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Case 3:01-cr-00156-DJS

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CERTIFICATION This is to certify that as of this 7th day of June, 2006, undersigned counsel does not know the whereabouts of the Defendant.

________________________________ CHRISTINE SCIARRINO