Sentencing Minutes — USA v. McKenzie (Dkt. 81, M.D. Fla.)

Record facts

U.S. District Court for the Middle District of Florida · No. 2:23-cr-00088 · Doc. 81 · 2024-09-09 · Docket on CourtListener

Summary

Sentencing minutes in United States v. Diop McKenzie, Case No. 2:23-cr-88-SPC-KCD, in the U.S. District Court for the Middle District of Florida, filed September 9, 2024 as Doc. 81, before United States District Judge Sheri Polster Chappell. The minutes record that the Court had previously accepted the plea on Counts One, Four and Five, ruled on a 2-point enhancement, and heard arguments from Yolande G. Viacava for the government and Russell K. Rosenthal for the defendant. The sentence imposed is 45 months of imprisonment, a 3-year term of supervised release with special financial conditions, restitution of $133,339.84 to the Small Business Administration, and a $300.00 special assessment, with fines waived. Counts 2 and 3 are dismissed, and a restitution hearing is to be set by separate notice.

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Full text

UNITED STATES DISTRICT COURT 
MIDDLE DISTRICT OF FLORIDA 
FORT MYERS DIVISION 
 
UNITED STATES OF AMERICA 
 
v. 
CASE NO.: 2:23-cr-88-SPC-KCD 
DIOP MCKENZIE 
 
/ 
 
SENTENCING MINUTES 
 
Presiding Judge: 
United States District Judge Sheri Polster Chappell 
Counsel for Plaintiff: 
Yolande G. Viacava 
Counsel for Defendant: 
Russell K. Rosenthal 
 
Date and Time: 
September 9, 2024 
10:30 AM 
Deputy Clerk: 
Juan Garcia Gonzalez 
Court Reporter: 
Vonni Bray 
Interpreter: 
N/A 
 
 
Start Time: 10:10 am 
 
Court calls case.  Counsel enters appearances.   
Court advises of charges. Court previously accepted the defendant’s 
plea and adjudged defendant guilty of Count One, Four and Five.   
The Court makes ruling on 2-point enhancement.   
 
The Court adopts the facts contained in the PSR and reviews the total 
offense level, potential penalties, and sentence with the defendant. 
 
Mr. Rosenthal makes recommendations and arguments.  Ms. Viacava 
makes recommendations and arguments.   
 
For the reasons stated in the record, the Court imposes the sentence as 
follows:   
 
Case 2:23-cr-00088-SPC-K_D     Document 81     Filed 09/09/24     Page 1 of 2 PageID 414

- 2 - 
 
Imprisonment: 45 months.  This term consists of 21 months in Counts 
One and Four, each count to run concurrent, and 24 months in Count 
Five, to run consecutive to Counts One and Four.  The Court 
recommends imprisonment at a facility near Pensacola, FL and for the 
defendant to self-surrender by 10/23/2024 at 2:00 pm. 
 
Supervised Release: 3-year term. 
 
Special conditions: 
 
Submit to search. 
 
Defendant shall be prohibited from incurring new credit charges, 
opening additional lines of credit, or obligating himself for any major 
purchases without approval of the probation officer. 
 
Defendant shall provide the probation officer access to any requested 
financial information. 
 
Random Drug testing. 
 
DNA. 
 
Fines are waived. 
Restitution:  $133,339.84 to the Small Business Administration. 
Special Assessment of $300.00 due immediately.  
 
Forfeiture:  Included in final judgment.  
 
Court finds sentence is sufficient, but not greater than necessary.  
 
Counsel has no objections to the sentence or to the manner in which it 
was imposed.    
 
Right to appeal. 
 
Count 2 and 3 are dismissed. 
Restitution hearing to be set by separate notice. 
 
End time: 10:58 am 
Time in Court: 48 minutes 
Case 2:23-cr-00088-SPC-K_D     Document 81     Filed 09/09/24     Page 2 of 2 PageID 415

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