LETTER MOTION addressed to Judge Lewis J.… — USA v. Chancy et al (Dkt. 138)

Record facts

U.S. District Court for the Southern District of New York · No. 1:20-cr-00378-LJL · Doc. 138 · 2023-08-31 · Docket on CourtListener

Summary

A letter motion from the U.S. Attorney's Office for the Southern District of New York to United States District Judge Lewis J. Liman, dated August 31, 2023 and filed as Doc. 138 in No. 1:20-cr-00378-LJL, regarding United States v. Adedayo Ilori, 20 Cr. 378 (LJL). The government responds to the Court's August 11, 2023 order asking the parties whether a drug-testing condition imposed orally at sentencing, and excluded from the written judgment, should be suspended by written order or in open court. The letter states that the defendant's former district court counsel no longer represents him and that appellate counsel Elizabeth Johnson has conferred with the defendant. The parties ask that the defendant be produced to magistrate court for appointment of new CJA counsel, and the government asks to adjourn the September 5th response deadline by two weeks.

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Full text

U.S. Department of Justice 
 
 
 
 
 
 
 
 
United States Attorney 
 
 
 
 
 
 
 
Southern District of New York 
 
The Silvio J. Mollo Building 
One Saint Andrew’s Plaza 
New York, New York 10007 
 
 
 
 
 
 
 
 
 
 
August 31, 2023 
 
 
 
 
 
BY ECF 
 
The Honorable Lewis J. Liman 
United States District Judge 
Southern District of New York 
500 Pearl Street 
New York, New York 10007 
 
Re: 
United States v. Adedayo Ilori, 20 Cr. 378 (LJL) 
 
Dear Judge Liman: 
 
 
The Government writes in response to the Court’s order dated August 11, 2023, in which 
the Court ordered the parties to address whether the parties believed the Court should by written 
order or in open court suspend the drug-testing condition that the Court had accidentally imposed 
orally at sentencing and intentionally excluded from the written judgment. Brooke Cucinella, 
counsel who had previously represented the defendant in the District Court, has changed 
employment and to the Government’s knowledge no longer represents the defendant and is no 
longer a member of the CJA panel. The Government has conferred with appellate counsel, 
Elizabeth Johnson, who has conferred with the defendant regarding the Court’s order. The parties 
respectfully request that the Court order that the defendant be produced to magistrate court for the 
appointment of new CJA counsel for District Court proceedings so that counsel may advise the 
defendant regarding the Court’s order and regarding a possible motion for resentencing. In 
addition, the Government respectfully requests that the Court adjourn the parties’ September 5th 
deadline to respond to its August 11th order for an additional two weeks.     
 
Respectfully submitted, 
 
DAMIAN WILLIAMS 
United States Attorney 
 
 
By:  
/s/ 
 
               
 
Cecilia Vogel 
 
 
 
 
 
 
 
Assistant United States Attorney 
 
 
 
 
 
 
 
(212) 637-1084  
Cc: 
Elizabeth Johnson, Esq. (via email)  
Case 1:20-cr-00378-LJL     Document 138     Filed 08/31/23     Page 1 of 1

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