Goldfarb v. United States of America, No. 1:2015cv00959 - Document 10 (S.D.N.Y. 2015)

Court Description: OPINION & ORDER: For the reasons stated above, the Court must deny the Petition. Nonetheless, the Court emphasizes that it is well aware of the positive steps Petitioner has taken since his release from custody, and reiterates the point made at sentencing that Petitioner is a "good, decent person...who has a great future in from of [him]." (Sent. Tr. 93:11-16.) There is much more to Petitioner than this one offense, serious as it was, and the Court is confident that Petition er will continue to be a productive and valued member of society. The Court further notes that Petitioner's arguments regarding the financial hardship imposed as a result of the Court's fine may present a basis for a motion under 18 U.S.C. § 3572(d)(3) seeking modification of Petitioner's payment schedule. Additionally, if the government were to file a petition pursuant to 18 U.S.C. § 3573, the Court would be free to consider whether to deem Defendant's pr evious payments of $2,000 as satisfying his financial obligation in full and to remit the unpaid portion of Plaintiff's fine. Should Petitioner or the government wish to file such motions, they should do so in Defendant's prior criminal case at docket number 10-cr-56(RJS). Nevertheless, with respect to the present petition, the clerk of the court is respectfully directed to close this case. (As further set forth in this Opinion & Order.) (Signed by Judge Richard J. Sullivan on 11/23/2015) (mro); [*** NOTE: Also docketed in related Criminal Case 10-cr-56-3(RJS), Doc.#358. ***] Modified on 11/23/2015 (bw).