United States v. Ilori

── United States v. Ilori ── Case No.: 23-7563 Court: Court of Appeals for the Second Circuit Date: March 26, 2026 Category: General 23-7563 United States v. Ilori UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT’S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION “SUMMARY ORDER”). A PARTY CITING TO A SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL. At a stated term of The United States Court of Appeals for the Second Circuit, held at the Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New York, on the 26th day of March, two thousand twenty-six. PRESENT: BETH ROBINSON, SARAH A. L. MERRIAM, Circuit Judges. * _________________________________________ UNITED STATES OF AMERICA, Appellee, v. No. 23-7563 ADEDAYO ILORI, Defendant-Appellant, CHRIS RECAMIER, Defendant. _____________________________________ * Circuit Judge Alison J. Nathan, originally a member of the panel, was temporarily unavailable to hear this matter. The appeal is being decided by the remaining members of the panel, who are in agreement. See 2d Cir. IOP E(b). FOR APPELLANT: ROBERT A. CULP, Law Office of Robert A. Culp, Garrison, NY. FOR APPELLEE: DAVID R. FELTON (Juliana N. Murray, Daniel G. Nessim, Jacob R. Fiddelman, Assistant United States Attorneys, on the brief), for Jay Clayton, United States Attorney for the Southern District of New York, New York, NY. Appeal from a judgment of the United States District Court for the Southern District of New York (Vyskocil, J.). UPON DUE CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment entered on October 24, 2023, is VACATED, and this matter is REMANDED for further proceedings consistent with this decision. I. BACKGROUND Appellant Adedayo Ilori was charged in a six-count Superseding Indictment with fraud and money laundering charges arising out of an alleged scheme relating to loans administered by the United States Small Business Administration (“SBA”). The government alleged that in 2020 and 2021, Ilori and his co-defendant, Chris Recamier, “used the identities of dozens of individuals to submit online applications for a total of over $10 million dollars in government-guaranteed loans for at least four companies through the SBA’s” loan programs. Pre-Sentence Report (“PSR”) at ¶19. Through the fraudulent loan applications, Ilori and Recamier received over one million dollars in loans. See PSR at ¶21. Recamier pled guilty. Ilori proceeded to trial; he was convicted on all counts. 2 II. DISCUSSION Ilori appeals the judgment of conviction, contending that (1) the motion to suppress was wrongly denied, (2) the District Court erroneously admitted video recordings of Ilori without a proper foundation, and (3) the District Court violated his Fifth and Sixth Amendment rights by conducting certain proceedings outside of his presence. Ilori also appeals the sentence imposed as substantively and procedurally unreasonable, and seeks remand to a different judge. We address each issue in