Court filing
LETTER MOTION addressed to Judge Lewis J.… — USA v. Chancy et al (Dkt. 119)
Record facts
| Court | U.S. District Court for the Southern District of New York |
|---|---|
| Filed | 2022-02-01 |
U.S. District Court for the Southern District of New York · No. 1:20-cr-00378-LJL · Doc. 119 · 2022-02-01 · Docket on CourtListener
Summary
A letter motion dated February 1, 2022 from counsel for defendant Adedayo Ilori to Judge Lewis J. Liman in United States v. Ilori, No. 1:20-cr-00378-LJL, in the U.S. District Court for the Southern District of New York, filed as Doc. 119. The letter asks the Court to adjourn the sentencing hearing, then scheduled for February 17, until after March 15, 2022. It states that a defense expert's evaluation has not been completed in person because of COVID-19 and Omicron concerns and will proceed virtually. It also cites the need to review additional discovery the Government produced on new charges pending before Judge Vyskocil, and states that the Government takes no position on adjournment. The two-page letter is signed by Brooke Cucinella of Simpson Thacher & Bartlett LLP.
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Full text
Simpson Thacher & Bartlett LLP
425 LEXINGTON AVENUE
NE W YORK , NY 10017-3954
TELEPHONE: +1-212-455-2000
FACSIMILE: +1-212-455-2502
Direct Dial
+1-212-455-3070
E-Mail Address
brooke.cucinella@stblaw.com
BY ECF
February 1, 2022
Re:
United States v. Ilori, No. 20-cr-378 (S.D.N.Y.)
Dear Judge Liman:
We represent defendant Adedayo Ilori in the above-captioned action. We
write to update the Court regarding our retention of a mental health professional to
evaluate Mr. Ilori ahead of the sentencing hearing currently scheduled for February
17 at 2:00 pm. Since we last wrote to the Court on December 2, 2021, we have
retained a psychiatrist to evaluate Mr. Ilori. Although the expert is in the process of
evaluating Mr. Ilori, he has not been to conduct an in-person visit with Mr. Ilori in
light of the recent developments and health concerns relating to the COVID-19
pandemic and Omicron variant. While we were hopeful that we would be able to
schedule an in-person visit for the psychological evaluation, we are proceeding with
scheduling a virtual evaluation to avoid further delay.
Additionally, we request this extension in order to review additional
discovery produced by the Government relating to the new charges against Mr. Ilori1
pending before Judge Vyskocil, and to discuss these matters with Mr. Ilori’s counsel
in that matter. As the Court would expect, the additional time will allow us to
properly consider and address how, if at all, this evidence impacts the current
sentencing. Along those lines, we have represented to the Government that we will
provide it with at least two weeks’ notice if we believe a Fatico hearing is necessary,
and we will likewise keep the Court apprised and provide notice as soon as possible.
1 The Government produced over 5 GB of materials.
The Honorable Lewis J. Liman
United States District Judge
Southern District of New York
500 Pearl St.
New York, NY, 10007
Case 1:20-cr-00378-LJL Document 119 Filed 02/01/22 Page 1 of 2
-2-
February 1, 2022
We did not anticipate seeking an additional adjournment but in light of the
circumstances, we believe that it is necessary for the adequate representation of our
client. The Government takes no position on adjournment.
Therefore, we respectfully request that this Court adjourn Mr. Ilori’s
sentencing date until after March 15, 2022.
Respectfully submitted,
Brooke Cucinella
cc:
Counsel of record (via ECF)
/s/ Brooke Cucinella
Case 1:20-cr-00378-LJL Document 119 Filed 02/01/22 Page 2 of 2File and source
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