LETTER by USA as to Adedayo Ilori addressed to Judge Lewis J.… — USA v. Chancy et al (Dkt. 145)

Record facts

U.S. District Court for the Southern District of New York · No. 1:20-cr-00378-LJL · Doc. 145 · 2023-10-06 · Docket on CourtListener

Summary

A letter from the U.S. Attorney's Office for the Southern District of New York to Judge Lewis J. Liman, dated and filed October 6, 2023 as Document 145 in United States v. Adedayo Ilori, 20 Cr. 378 (LJL), No. 1:20-cr-00378-LJL, in the U.S. District Court for the Southern District of New York. It responds to the court's order dated August 11, 2023 (ECF No. 134) asking 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 government states that the court can suspend the condition by written order. Citing Fed. R. Crim. P. 32.1(b), the letter argues that supervised release conditions may be modified without a hearing when the relief is favorable to the defendant and the government has had notice and has not objected. It is signed by an Assistant United States Attorney.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

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 
 
 
 
 
 
 
 
 
 
 
October 6, 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 connection with 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. (ECF No. 
134). The Government believes that the Court can suspend the drug-testing condition imposed 
orally at sentencing by written order. Pursuant to Federal Rule of Criminal Procedure 32.1, the 
Court can modify the conditions of supervised release without a hearing if “the relief sought is 
favorable to the person and does not extend the term of probation or of supervised release” and 
“an attorney for the government has received notice of the relief sought, has had a reasonable 
opportunity to object, and has not done so.” Fed. R. Crim. P. 32.1(b). Because these conditions are 
satisfied, the Court can amend the supervised release conditions to exclude drug-testing without a 
hearing and by written order.  
 
 
Respectfully submitted, 
 
DAMIAN WILLIAMS 
United States Attorney 
 
 
By:  
/s/ 
 
               
 
Cecilia Vogel 
 
 
 
 
 
 
 
Assistant United States Attorney 
 
 
 
 
 
 
 
(212) 637-1084  
Cc: 
Sanford Talkin, Esq. (via ECF) 
 
Case 1:20-cr-00378-LJL     Document 145     Filed 10/06/23     Page 1 of 1

File and source

File

gov.uscourts.nysd.540905.145.0.pdf

Size

163,576 bytes

SHA-256

a6125cb0c76f2b496e1989df0a9c5a02b700e07d228bd076a744709ff5c14d74

Our copy

gov.uscourts.nysd.540905.145.0.pdf

Original

PACER (login required)