Letter Response in Opposition by Chris Recamier addressed — USA v. Ilori et al. (Dkt. 74, S.D.N.Y.)

Summary

Document 74, a two-page letter dated September 15, 2022 from Marc Greenwald of Quinn Emanuel to Judge Mary Kay Vyskocil in United States v. Chris Recamier, 21 Cr. 746 (MKV), Southern District of New York. It opposes the government's request to adjourn Recamier's sentencing until after his co-defendant's trial and asks to proceed on October 17, 2022. The letter argues there is no reason for delay because he would invoke the Fifth Amendment if called as a witness, and that waiting would burden him while he is housed at MDC Brooklyn, citing reported conditions there. It cites Fed. R. Crim. P. 32(b)(1) and United States v. Ray on the cost of delay, and says he pled guilty in June, exactly three months earlier, so an adjournment could mean five months or more awaiting sentence. The letter copies AUSAs Daniel Nessim and Juliana Murray.

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WRITER'S DIRECT DIAL NO. 
(212) 849-7130 
WRITER'S EMAIL ADDRESS 
marcgreenwald@quinnemanuel.com 
 
 
quinn emanuel  trial lawyers | new york 
51 Madison Avenue, 22nd Floor, New York, New York 10010-1601 | TEL (212) 849-7000 FAX (212) 849-7100 
 
quinn emanuel urquhart & sullivan, llp 
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September 15, 2022 
Via ECF 
 
Honorable Mary Kay Vyskocil 
United States District Judge for the Southern District of New York 
Daniel Patrick Moynihan U.S. Courthouse 
500 Pearl Street 
New York, NY 10007 
 
Re: 
United States v. Chris Recamier, 21 Cr. 746 (MKV) 
 
Dear Judge Vyskocil: 
We respectfully oppose the Government’s request to adjourn Mr. Recamier’s sentencing 
until after his co-defendant’s trial and request that the Court proceed with sentencing on October 
17, 2022.   
 
First, there is no reason for the delay.  If called as a witness, Mr. Recamier would invoke 
his Fifth Amendment right not to testify.  As such, there is no such testimony to be considered at 
Mr. Recamier’s sentencing.  Even if the Government did wish to seek recourse against Mr. 
Recamier for this hypothetical testimony, there are other, more appropriate means.  To the extent 
the Government believes any of this hypothetical testimony was false, the Government could seek 
criminal prosecution for that testimony.   
 
Second, the requested adjournment would have a material impact on Mr. Recamier.  He is 
currently housed at MDC Brooklyn.  The poor conditions at MDC have been widely reported 
during the pandemic, including frequent lockdowns and “electrical blackouts; broken sewage 
systems; inadequate food supplies; and rates of COVID-19 infection among detainees and staff 
that far exceed transmission levels outside of the facility.”  United States v. Elias, 2022 WL 
125721, at *2 (E.D.N.Y. Jan. 13, 2022) (citing Status Rep. by Fed. Defenders, Federal Defenders 
of New York, Inc. v. Federal Bureau of Prisons, No. 19-cv-660, ECF No. 240 (E.D.N.Y. October 
13, 2021)).   
 
Moreover, adjourning sentencing unfairly prejudices Mr. Recamier, as he has now pled 
guilty but his sentence remains uncertain.  The Federal Rules of Criminal Procedure direct courts 
to “impose sentence without unnecessary delay.”  Fed. R. Crim. P. 32(b)(1).  The Second Circuit 
has recognized that a “‘[d]elay in sentencing may leave the defendant, as well as the victim, in 
limbo concerning the consequences of conviction.  It postpones the commitment of the defendant 
Case 1:21-cr-00746-MKV     Document 74     Filed 09/15/22     Page 1 of 2

 
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to corrections facilities, may have a detrimental effect on rehabilitation, and suspends the appellate 
review of error.’”  United States v. Ray, 578 F.3d 184, 198 (2d Cir. 2009) (quoting 3 Charles Alan 
Wright et al., Federal Practice & Procedure: Criminal § 521.1 (3d ed. 2004) (alteration in original)).   
 
While the Government downplays the delay it seeks, it pushes Mr. Recamier’s sentencing 
into November.  Mr. Recamier pled guilty in June, exactly three months ago.  The Government’s 
request could result in Mr. Recamier awaiting sentencing for a total of five months or more. 
 
Accordingly, Mr. Recamier opposes the Government’s request to adjourn his sentencing. 
 
Respectfully submitted, 
 
/s/ Marc Greenwald        
 
 
 
 
 
Marc Greenwald 
 
cc: AUSAs Daniel Nessim and Juliana Murray  
Case 1:21-cr-00746-MKV     Document 74     Filed 09/15/22     Page 2 of 2

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